REU, Alm.del - 2012-13 - Bilag 283: Materiale til orientering i forbindelse med DK’s eksamination den 10. maj 2013 i FN's Komité for Økonomiske, Sociale og Kulturelle Rettigheder, fra udenrigsministeren

Article 6......................................................................................................................................... 93-109 14Article 7......................................................................................................................................... 110-23 17Article 8.......................................................................................................................................124-125 20Article 9.......................................................................................................................................126-137 21Article 10.....................................................................................................................................138-199 23Article 11.....................................................................................................................................200-244 32Article 12.....................................................................................................................................245-278 38Article 13.....................................................................................................................................279-298 42Article 14.....................................................................................................................................29944

IntroductionThe report1.This is the fifth periodic report submitted by the Government of Denmark inpursuance of articles 16 and 17 of the International Covenant on Economic, Social andCultural Rights. The report deals with developments since the submission of the fourthperiodic report of Denmark (E/C.12/4/Add.12) on 28 April 2003 and through to December2009.2.The report also deals with plans for new legislation in certain fields. The report isbased on and structured in accordance with the general guidelines regarding the form andcontent of the reports to be submitted by State parties under article 16 and 17. Reference ismade to relevant paragraphs of Denmark’s fourth periodic report and to the concludingobservations of the Committee on Economic, Social and Cultural Rights on that report(E/C.12/1/Add.102) as well as to some of the questions raised during the examination ofthe fourth report, held on 10 and 11 November 2004.3.To the extent that no changes have occurred in legislation and legal practice sinceDenmark’s last reporting to the Committee on Economic, Social and Cultural Rightsreference will be made to the fourth periodic report submitted by the Government ofDenmark.4.The report has been compiled by the Ministry of Foreign Affairs on the basis ofcontributions from the relevant departments and ministries of the Government of Denmarkand the Home Rule of Greenland as well as the Faroe Islands.5.Specific reports on the situations in Greenland and the Faroe Islands are set out inAnnex I and II respectively.

Article 16.In 2009 the Danish Government and the Government of Greenland agreed tomodernise the legislation concerning Greenland’s Home Rule. For a general description ofthe Greenland Self-Government arrangement, reference is made to the report fromDenmark and Greenland to the United Nations Permanent Forum on Indigenous Issues,Eighth Session (E/C.19/2009/4/Add.4). The Act on Greenland Self-Government enteredinto force on 21 June 2009.7.In 2005 the Danish Government and the Government of the Faroes agreed tomodernise the legislation concerning Faroese Home Rule. For a general description of themodernisation and the Faroese Home Rule arrangement, reference is made to the DanishGovernment’s contribution to Denmark’s fifth periodic report the International Covenanton Civil and Political Rights (CCPR/C/DNK/5.add.paras 29–55) concerning the FaroeIslands.

International Covenant on Civil and Political Rights (CCPR/C/DNK/5) and on Conventionagainst Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment(CAT/C/81/Add.2).9.Referring to paragraph 13, 14, 24, and 25 of the concluding observations concerningDenmark’s forth periodic report (E/C.12/1/Add.102), it should be noted that theGovernment gives high priority to the fight against discrimination in any form. Reference ismade to article 3 as well as to the 7thperiodic report on the Implementation of All forms ofDiscrimination Against Women from May 2008.The Danish Criminal Code10.In addition to the elements of Denmark’s specific anti-racism and non-discrimination legislation as referred to in Denmark’s fourth report (para. 62), attention isdrawn to section 81(6) of the Danish Criminal Code. According to the said provision itshall, as a rule, be considered a circumstance in aggravation that the offence has itsbackground in other persons’ ethnic origin, religious belief, sexual orientation or similar.Statistics11.As mentioned in Denmark’s fourth report (paras. 62(i) and 79–81) new guidelineswere issued by the Director of Public Prosecutions in 2006 in order to ensure a uniformnational practicing respect of raising charges and to supervise the processing of casesconcerning section 266b. The guidelines are laid down by Notice No. 9/2006 from theDirector of Public Prosecution which replaced Notice No. 4/1995.12.Accordingly, all cases concerning charges of violation of the said provision have tobe submitted to the Director of Public Prosecutions with a view to deciding the question ofprosecution. In addition, the Director of Public Prosecutions also has to be notified ofreports to the police of violation of section 266b in cases where the Public Prosecutorrefuses, at the recommendation of a Commissioner of Police, to commence investigation orstop investigation that has already been commenced. A collection of up-dated case-law isavailable at the website of the Director of Public Prosecutions in an anonymous form.Table 1Cases concerning charges of violation of section 266b of the Danish Criminal Codepreviously submitted to the Director of Public ProsecutionsNumber of caseswhere charge hasbeen raisedNumber ofchargedpersonsNumber of caseswhere the resultis convictionNumber ofcases settledwith a fineNumber of caseswhere the resulthas been acquittal

13.At the request of the Ministry of Justice, the Director of Public Prosecutions alsomonitor cases where the above-mentioned section 81(6) of the Danish Criminal Code hasbeen applied as well as cases concerning the Act on the Prohibition of Discrimination basedon Race etc.14.According to a report from April 2008 the Director of Public Prosecutions hasreceived information on 10 cases concerning the application of section 81(6) of the DanishCriminal Code. In 8 of these cases the court ruled that the offence was committed —wholly or partly — on the basis of the victim’s race, colour, national or ethnic origin,religion or sexual inclination. In 2 of the cases the court dismissed that the offence wascommitted on the basis of the victim’s ethnic origin or sexual inclination. The majority ofthese rulings concern violence. One case concerns offensive remarks aimed at a policeofficer with an ethnic origin other than Danish. It is mentioned in the report that in somecases there might be a suspicion that a reported crime is racially motivated but due to a lackof proof of motive, the question is not tried further during the criminal proceedings.Furthermore, in a number of cases the offender cannot be identified, and as a result it is notpossible to determine whether the crime in question was racially motivated.15.In the above-mentioned report it is further stated that the Director of PublicProsecutions has received 6 cases concerning violation of the Act on the Prohibition ofDiscrimination based on Race, etc. 2 of these cases were not finally decided at the time ofthe Director of Public Prosecutions’ submission of his report. One case was settled with afine in which case a shopkeeper refused to serve a male transvestite on equal terms withother customers regarding the retail price. In 3 cases, investigations that had beencommenced were stopped due to a lack of proof of discrimination.16.Since the report of April 2008, the Director of Public Prosecutions has raisedcharges against a manager and a doorman, who refused five Brazilians admission to arestaurant.17.In one of the cases mentioned above, which was not finally decided, two doormenwere sentenced to a fine of DKK 1.000. The doormen refused to admit guests to adiscotheque because of the ethnic origins of the guests.

Reports to the Danish Security and Intelligence Service on racially motivated offences18.From 1 January 2009 the reporting system from the police districts to the DanishSecurity and Intelligence Service on possible hate crimes has changed. The police districtsare now required to register in the police’s electronic case handling system any criminaloffences and incidents that may be believed to have an extremist background. This includesall criminal acts presumably motivated by extremist opinions concerning political, racial,national, ethnic or religious issues or the victim’s sexual orientation etc. directed atforeigners or Danish nationals. This procedure gives the Danish Security and IntelligenceService access to exact statistics on hate crimes. The purpose of this procedure is to enablethe Danish Security and Intelligence Service to assess if any signs may be detected of thecommitment of more organized and systematic criminal activity rooted in racism,xenophobia etc.Attitudes towards foreigners19.The Government is pleased to inform the Committee that a number of new statisticaland research findings suggest that immigrants and refugees arriving in Denmark over thelast years havenotexperienced increased negative and hostile attitudes. On the contrary,the development seems to be going towards a more positive attitude and less outrighthostility and xenophobia.20.In general, Danish society and Danish law ensure equal treatment, equalopportunities and equal rights for all inhabitants and groups. Notwithstanding this, surveysshow that there are individuals and groups in Denmark that feel discriminated against.21.A report made by the Ministry of Refugee, Immigration and Integration affairs in2007 showed that 11 pct. of the immigrants experienced discrimination on the street while 9pct. often felt discriminated against in public transportation.22.In 2001, 37 pct. of approximately 1.000 immigrants and descendants reported thatthey experience discrimination. This dropped to 27 pct. in 2008.123.Another way of gauging the level and development of actual discrimination inDenmark is by looking at the recommendations of The Complaints Committee for EthnicEqual Treatment. The Committee investigated and handled individual complaints ofdifferential treatment on the basis of race or ethnic origin up until December 31st2008,where the Committee ceased operation. In 2005, the Committee made 11 recommendationsof which 3 concluded that there had been a violation of equal treatment legislation. In 2008,the Committee made 7 recommendations and found 3 cases of violations.Xenophobic incidents24.The Government shares the Committee’s view on the importance of a constantprevention of xenophobic incidents.25.In January 2009 the Government presented its Action Plan for prevention ofradicalisation and extremist views among young people. In this connection xenophobicincidents such as racism are considered part of the phenomenon of extremism.26.The Action Plan for prevention of radicalisation and extremist views among youngpeople contains 22 initiatives framed within 7 focus areas: Direct contact with youngpeople, Inclusion based on the rights and obligations, Dialogue and information,

Democratic cohesion, Efforts in vulnerable residential areas, Special initiatives in prisons,and Knowledge, Co-operation and partnerships.27.On the 1stof April 2008, a Division for democratic cohesion and prevention ofradicalisation was established within the Ministry of Refugee, Immigration and IntegrationAffairs. The division plays a central role in coordinating the implementation of theinitiatives in the Action Plan for prevention of radicalisation and extremist views amongyoung people. The division also aims at gathering theoretical as well as practicalknowledge on civic citizenship and prevention of extremist views in order to share thisknowledge with local communities as well as with other ministries and relevant actors.General measures to eliminate racial discrimination28.Since Denmark’s forth periodic report (E/C.12/4/Add.12), the Danish Governmenthas promoted a wide range of initiatives intended to contribute to the elimination of racialdiscrimination. Some of the more general initiatives are mentioned immediately below.The Action Plan to Promote Equal Treatment and Diversity and Combat Racism29.As mentioned in the forth periodic report of Denmark (E/C/.12/4/Add.12), para 76,the Government decided to establish a national action plan to promote diversity, toleranceand equal treatment and to combat discrimination as a follow-up to the Durban Declarationand Programme of action. In November 2003, the Government published “Action Plan toPromote Equal Treatment and Diversity and Combat Racism”.30.The Action Plan is being revised at the moment, and a new Action Plan is expectedto be ready by the end of 2009.Special funding of initiatives31.Furthermore, the Danish Government carries out and supports a wide range ofinitiatives for the promotion of tolerance and diversity and the combat of racism anddiscrimination.32.An additional 10 million DKK (app. 1.35 mill. Euro) has been allocated in 2007–2010 to support local activities and projects to promote equal treatment and combatdiscrimination.33.In 2008, the Minister of Integration Affairs allocated 8 mio. DKK (app. 1.05 mill.euro) in the period 2008–2011 to strengthen social and language competences, parentalresponsibility and the like among the socially weakest of the newcomers and non-ethnicDanes, and to enhance the development of the organization competences amongnewcomers.LegislationThe Act on Prohibition against Discrimination on the Labour Market and the Act on EthnicEqual Treatment34.Discrimination on the labour market on the basis of race, colour, religion or belief,political opinion, sexual orientation, age, disability or national, social or ethnic origin iscovered by the Act on Prohibition against Discrimination on the Labour Market etc. from1996 with subsequent amendments. The latest Consolidation Act is from 2008; cf.Consolidated Act No. 1349 of 16 December 2008. The Act is supplemented by the Act onEthnic Equal Treatment from 2003. Both Acts are described in the Danish Government’slatest report.

35.Act No. 253 of 7 April 2004 inserted the word “belief” as a criterion in the Act onProhibition against Discrimination on the Labour Market etc. The Act also introduced theprinciple of the shared burden of proof in cases of discrimination. The Act implements partsof Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equaltreatment between persons irrespective of racial or ethnic origin and parts of CouncilDirective 2000/78/EC of 27 November 2000 establishing a general framework for equaltreatment in employment and occupation.36.Act No. 1417 of 22 December 2004 inserted the criteria “age” and “disability” in theAct. The Act implements parts of Council Directive 2000/78/EC of 27 November 2000establishing a general framework for equal treatment in employment and occupation.37.Act No. 240 of 27 March 2006 implements an exemption for young persons underthe age of 18 which means that the Act does not prevent provisions in agreements andcollective agreements concerning special rules for remuneration of young persons under theage of 18.38.Act No. 1542 of 20 December 2006 raises the age limit on when agreements can bemade on compulsory dismissal from 65 years to 70 years.The Act on the Board of Equal Treatment39.Act No. 387 of 27 May 2008 (the Act on The Board of Equal Treatment) establishesan administrative appeal board, that may consider complaints on ground of gender, race,colour, religion or belief, disability, political opinion, age or sexual orientation, national,social or ethnic origin. The Board, which came into force on 1 January 2009, covers allfields of discrimination stipulated in the Danish anti-discrimination legislation today.40.The decisions made by the Board cannot be appealed against to any otheradministrative authority. Once the Board has made a decision about a complaint, eitherparty may bring the matter before the courts. Where the decisions made by the Board arenot observed, the Board shall, at the complainant’s request and on his or her behalf, bringthe matter before the courts. The Board may award compensation and set aside dismissalsto the extent provided for by the said acts, etc. As a consequence of the establishment of theBoard of Equal Treatment (please also see under art. 3), The Gender Equality Board andThe Complaints Committee for Ethnic Equal Treatment have been abolished.41.Referring to paragraph 23 of the concluding observations concerning Denmark’sfourth periodic report (E/C.12/1/Add.102), it should be noted that the Danish Institute forHuman Rights after the abolition of the Committee for Ethnic Equal Treatment continues tohave a mandate that covers a wide range of activities, including research, advising role ofthe Parliament and the Government on human rights obligations, education on humanrights, promotion of equal treatment regardless of race and ethnic origin, provision ofinformation and documentation on human rights and contribution to the implementation ofhuman rights in Denmark as well as internationally.Victims of domestic violence42.Referring to paragraph 18 and 31 of the concluding observations concerningDenmark’s forth periodic report (E/C.12/1/Add.102), it should be noted that the DanishGovernment attaches great importance to securing that victims of crime, including victimsof domestic violence, are treated with dignity and respect and that they receive the help andsupport which is necessary, relevant and efficient under the circumstances. As a result, theDanish Government has continuously taken new initiatives in this area.43.Firstly,the victim advocate scheme introduced in 2005. According to the DanishAdministration of Justice Act section 741a (1) the court must as a general rule assign avictim advocate in cases of violence if so requested by the victim.8

44.Secondly,a new contact person scheme was introduced by Executive Order No.1108 of 21 September 2007 on the Duty of the Police and Prosecution Service to Guide andInform Victims in Criminal Proceedings and to Nominate a Contact Person for Victims.Thirdly,as regards victims of domestic violence it is noted specifically that the45.National Police stipulated by a circular letter of 23 August 2007 that special units must beset up in the various police districts to handle tasks related to victims of partner-relateddomestic violence. Additional guidelines have been laid down by Notice No. 3/2008 fromthe Director of Public Prosecutions on the Investigation of Cases relating to partner-relateddomestic violence. The circular letter requests each police district to nominate a number ofresource persons who are to form a unit specialising in undertaking tasks related to advice-giving, coordination and follow-up in connection with serious partner-related domesticviolence.46.Fourthly,all police districts have set up victim counselling offices, which offeranonymous private interviews and counselling to everybody who contacts the office.Victim counsellors are also able to provide guidance on aid to victims, whether medical,psychological, social or legal, and to assist with the completion of claim forms and otherrelevant documents.47.Furthermore, information films informing ethnic minority women of their rights andopportunities of assistance in Danish society have been produced in ten languages.48.An information folder was produced and distributed in credit card format: “Stop theviolence against women – Break the silence”. In 2006, the leaflet was reprinted in Danishand eight other languages. The publication also refers women to a 24-hour hotline.49.A new campaign aimed at women from ethnic minorities will be launched inFebruary 2010. It will focus on the rights and possibilities for battered women, and willamong other things meet the women in their local communities.50.A new national strategy against violence in families is underway. It includesinitiatives for ethnic minorities, e.g. information for violent men about the possibility ofgetting help to end their use of violence.The Aliens Act51.Reference is made to the 18thand 19thperiodic report submitted by the Governmentof Denmark in pursuance of article 9 of the International Convention on the Elimination ofAll forms of Racial Discrimination submitted on 6 July 2009.In paragraph 16 of its concluding observations(E/C.12/1/Add.102), the Committee52.on Economic, Social, and Cultural Rights notes with concern that the amendment to theAliens Act in 2002, which raised the age of the right to reunification of migrant spouses to25 years, constitutes an impediment to the State party’s obligation to guarantee theenjoyment of the right to family life in Denmark. The Committee also called upon Denmarkin paragraph 29to take appropriate measures to either repeal or amend the 24-year rule, inline with the obligation to guarantee the enjoyment of the right to family life in Denmark.In this connection, the Committee encouraged Denmark to consider alternative means ofcombating the phenomenon of forced marriage involving immigrant women.53.The 24-year rule was introduced in 2002 as one of several amendments concerningfamily reunification.54.The general purpose of these amendments was to restrict the number of aliensreunified with their families in order to counteract the problems of aliens who are not inwork and to enhance the efforts to discourage arranged and forced marriages.

58.In accordance with international obligations to protect the right to a family the 24-year rule will in some cases be deviated from.59.This may be the case, for example, if the spouses are otherwise relegated to living asa family in a country which the spouse living in Denmark cannot enter and in which he orshe cannot take up residence together with the applicant.60.Moreover, exceptional circumstances may apply if for reasons of serious illness or aserious disability it would be unjustifiable on humanitarian grounds to refer the spouseliving in Denmark to take up residence in another country that cannot offer him or her careor treatment.61.Similarly, exceptional circumstances may exist if the spouse living in Denmark hascustody of or right of access to under-age children living in Denmark.62.The condition is always disregarded if a refusal of spousal reunification would becontrary to Denmark’s international obligations, including Article 8 of the EuropeanConvention on Human Rights.63.In the nature of things, it is very difficult to obtain an accurate overview of thenumber of young people in Denmark who are exposed to pressure or downright compulsionin connection with the contracting of a marriage.Initiatives to prevent forced marriage64.It should be noted, that the focus in Denmark is not only on forced marriage, but onhonour related conflicts in general, which include forced marriage but also other forms ofsuppression and violence. It should also be noted, that the victim of honour related violencecan be both men and women, but women are strongly overrepresented.65.The initiatives in Denmark consist of:• Special shelters for women and girls who are in danger of a forced marriage or hasescaped a forced marriage or other forms of honour related violence• Aftercare for these women• Hotline offering advice for young people experiencing honour related violence• Hotline for professionals dealing with the youngsters• Hotline for parents who experience conflicts with their teenagers• Information and advice to the municipalities, for example an internet based toolbox,and seminars on the topic of honour related violence• Attitude campaigns to prevent honour related conflicts• Mediation in honour related conflicts66.10

Article 368.By January 1, 2009 the previous Board on Gender Equality was closed down and anew general complaints board (The Board on Equal Treatment) to consider complaintsregarding discrimination based on gender, race, colour of the skin, religion or faith, age,disability or national, social or ethnic origin, political views or sexual orientation wasestablished.69.In May 2006, the Danish Parliament (Folketinget) adopted an amendment to the Acton Gender Equality. By this amendment the provisions on an equal gender composition oncouncils, boards and committees etc. set up by a minister are extended so that alsomunicipalities and regions are required to ensure the equal numbers of women and men arenominated for positions on councils, boards, committees etc. The Act came into forceimmediately after being passed.70.In 2007, Executive Order on initiatives to promote gender equality (ExecutiveOrderno. 340 of 10. April 2007)took effect. The Executive Order makes it possible to target pilotand development initiatives at one of the genders for a period of up to two years in order toattract the underrepresented gender. The Executive Order is directed at state and localgovernment authorities.71.In addition to the above-mentioned legislation, Danish law applies an unwritten butlegally binding administrative equality principle prohibiting unequal treatment because ofgender, ethnic origin, etc. This principle is binding on public employers, publicemployment services and all other public bodies.72.In May 2009 an Amendment to the Act on Gender Equality was adopted, aiming athaving a more efficient regulation on the gender composition in councils, boards andcommittees in the state, regions and municipalities by enhancing the sanctions if the law isnot respected, e.g. by neglecting to propose both a man and a women or neglecting to give acomprehensive argument for the lack of proposal. Changes are also made to the effect thatthe minister or municipality board can decide that a position can be left empty, if not bothsexes are recommended, or if the argument to make an exception from the rules cannot beaccepted. The Amendment also initiates that the authorities and organizations focus moreon the qualifications needed for a position, and by that have the responsibility to thinkthrough their possibility to promote both a man and a woman on the individual andorganizational level.73.With respect to gender mainstreaming the work of the Steering Committeementioned in the fourth periodic report (E/C.12/4/Add.12) is still having momentum. In the

period of 2004–2008, the overall priority for the national gender equality work in allministries has been the implementation of the gender mainstreaming strategy. A new“Action plan for the inter-ministerial gender mainstreaming project 2007–2011” has focuson implementation, embedding, differentiation and management. The first results havealready emerged. All ministries formulated in 2008 gender equality policies and an e-learning course has been launched. See this link: http://lige.dk/dkmd/index.html.74.Each year The Danish Minister for Gender Equality publishes the Government’sAction Plan for Gender Equality. The overall vision for the future work regarding genderequality is to pave the way for long-term changes with substantial effect. These changeswill create a higher degree of gender equality and will ensure that women and men haveequal opportunities and equal rights. The Government is convinced that gender equality isthe basis for democracy, growth and social coercion in Denmark.Gender equality and gender mainstreaming (concluding observations 14 and 25)75.Denmark aims at securing de jure as well as de facto gender equality for women andmen. Women and men have the same rights, obligations and opportunities in all fields ofsociety in Denmark. This is stated in section 1 of the Danish Act on Gender Equality, whichreads that “The purpose of this Act is to promote gender equality, including equalintegration, equal influence and equal opportunities in all functions in society on the basisof women’s and men’s equal status.” The purpose of the Act is also to counteract direct andindirect discrimination on the ground of gender and to counteract sexual harassment.76.Since Denmark submitted the fourth periodic report (E/C.12/4/Add.12) in 2004,work has been in progress to strengthen the implementation of the gender mainstreamingstrategy. Denmark has initiated several different initiatives with focus placed on measuringand monitoring developments in the area of gender equality and since 2007 effortsregarding information on gender equality and equal rights have been intensified. Forexample are all the bills from the Ministry of Employment gender equality assessed.Legislation77.Gender equality is a general principle and objective of Danish policy. Since 1976,changing governments have continuously worked to review and improve the quality oflegislation and other legally binding rules to achieve legal gender equality between womenand men.Denmark’s main acts on gender equality are:• Act on Equal Pay (Consolidation Act No. 899 of 5 September 2008)• Equal Treatment Act (Consolidation Act no. 734 of 28 June 2006)• Act on Gender Equality (Consolidation Act no. 1095 of 19 September 2007)78.Most of the main acts on gender equality contain a range of common elements:• Definition of direct and indirect discrimination, including provisions on harassmentand sexual harassment• Exceptions for cases where otherwise illegal criteria are actual occupationalqualifications, i.e. crucial for performing the work• Access to temporary special measures• Shared burden of proof• Victimisation rules, i.e. provisions protecting a person who demands his or herrights against being adversely treated for that reason

• Compensation provisionsWomen in the decision-making-process/management79.The effort to get more women managers into the public and private sectors has onlybeen partly accomplished, as women are still under-represented – especially in the privatesector.80.Men still make up 90–95 per cent of top management in Denmark. Even if thepublic sector has a slightly higher proportion of women top managers than the privatelabour market, the difference is not significant.81.The low number of women managers and economic decision-makers2iscontinuously being addressed through surveys, public debate, conferences etc., in order topromote attitude changes in companies and institutions. In the public sector, plans of actionfor equality have been used (to recruit more women managers and to qualify women whowant to become managers), while these plans of action have only been used to a slightdegree in the private sector.The Board of Equal Treatment82.The first of January 2009 the Act on the Board of Equal Treatment came into force.The Board of Equal Treatment replaced the Gender Equality Board and assumed the samepowers.The Board of Equal Treatmentprovides independent assistance to victims of83.discrimination in pursuing their complaints about discrimination in the following way.84.The Board of Equal Treatment is an administrative authority with judicial powers.The Board is an independent body, and thus not constrained by instructions or opinionsfrom authorities or other bodies on individual case handling and decision-making.85.The Board considers complaints related to discrimination based on gender, race,colour, religion or belief, political views, sexual orientation, age, disability or national,social or ethnic origin. Any citizen can without charge file a complaint to the Board ofEqual Treatment.86.Once the Board has decided on a complaint, the Secretariat shall inform the partiesof the possibility of bringing the matter before the courts. Where the decisions made by theBoard and the settlements made with the assistance of the Board are not observed, theBoard, at the request of the complainant and on behalf of the complainant, must bring thematter before the courts for the complainant via the Legal adviser to the DanishGovernment.Equal remuneration87.The pay gap is one of the most serious problems in the gender equality field. Manyinitiatives have been taken at both governmental and NGO level to promote progress.88.Women in Denmark have a high employment rate. In 2006, women’s employmentrate had increased to 73.3 per cent, whereas men’s had decreased to 81.6 per cent. The highemployment rate for women unfortunately also means a gender division of the labourmarket, which has an impact on the pay gap. This gender division is one of the importantreasons why Denmark has the pay gap. Unfortunately, in the light of studies by The Danish2

National Centre for Social Research it is clear that the wage differentials have not changedfrom 1996 to 2006. The government is continuously in close contact with a number ofmajor private enterprises in order to break down gender segregation.89.Attempts are made to make the gender divided labour market disappear, bothhorizontally and vertically, for instance through gender mainstreaming in recruitment andpromotion, harmonisation of work and family responsibilities for women and men andinitiatives to obtain equal remuneration.90.Examples of Danish initiatives include that the Ministry of Employment has createda website3with information on equal pay in Denmark in order to create more focus on thepay gap between men and women, regularly organizes seminars on equal pay 3 to 4 times ayear and initiate continuously investigations on the problem. One of the latest studies willbe published in November 2009 on the wage differences between parents and non parentswas published in April 2009.

99.The older individuals become, the lower the rates get. Improvements have occurredsince the latest reporting. Senior policy has been a very important issue on the agenda andseveral initiatives have been implemented e.g. the so-called Senior Price to encourage anactive senior policy in private and public enterprises and institutions.100. As to regions and geographical areas only small variations exist concerningemployment and unemployment. The activity rates vary between 76,4 and 78,4 per cent andthe employment rates between 74,6 and 77,2 per cent. The unemployment rates varybetween 0,8 and 4,1 per cent in the municipalities.101. As regards immigrants, both the activity rate and the employment rate aresignificantly lower than for the rest of the population although an important increase hadtaken place since 2000. Therefore, integration measures are being undertaken aimed atincreasing the employment rate among immigrants.102. Likewise, Denmark has a relatively high unemployment rate among persons of anethnic background other than Danish.Special measures taken by the Danish Government103. The Government has initiated a number of initiatives in order to ensure theintegration of unemployed persons into the Danish labour market. The initiatives include“More people at work” from 2002, the future welfare and wealth programme from 2006, anew job centre reform from 2007, and the Job Plan from February 2008.104. Measures taken are mainly targeted at groups, which are considered disadvantaged,not least immigrants. Examples include:• The initiative “NY CHANCE TIL ALLE” (A new chance for everyone), operatingfrom 1 July 2006 to 30 June 2008. New Chance for All was an active initiativedirected towards recipients of social security benefits and starting allowance that hadbeen passive for at least one year.• With the welfare reform from 2006, 300 million DKK (app. 40.3 million euro) wasset aside to strengthen the integration efforts in the municipalities and to take care ofthose immigrants and descendants who need a particularly close and focused follow-up in order to get a job.• A trial initiative called “Alle i Gang” (Everyone Working), which through anintensive contact process with unemployed persons aims at ensuring that long-termsocial security recipients quickly obtain employment. A large part of these areimmigrants and descendants.105. Extending the knowledge of good practices regarding labour market inclusion ofethnic minorities is a constant concern for the Government. A diversity programmetargeting enterprises is implemented from 2006–2011. The programme consists of a rangeof initiatives, including visits to private enterprises, where a team of consultants passes onthe lessons learned and offers advice on management of diversity. Furthermore, nationalcampaigns regarding mentor arrangements have been initiated.106. In order to further promote the dissemination of good practices on integration, ateam of consultants (‘the Integration Team’) has been set up by the Ministry of Refugee,Immigration and Integration Affairs. The consultants have specific knowledge ofintegration, especially with respect to education and employment. The consultants aredisseminating good and practical experiences from municipalities, educational institutions,and enterprises.

107. In 2007 the Government has launched a programme targeting women with ethnicminority background. The programme is running from 2007–2011 and is aiming atenhancing network, employment, and entrepreneurship among women and at the same timestrengthening development and integration of their children.108. For further information on measures to reduce unemployment reference is made toDanish reporting concerning international conventions listed below.•International Labour Organization (ILO) Employment Policy Convention,1964 (No. 122). The latest Danish report was submitted to the ILO Committee ofExperts in 2007.ILO Discrimination (Employment and Occupation) Convention, 1958 (No.111). The latest Danish report was submitted to the ILO Committee of Experts in2007.International Convention on the Elimination of all forms of RacialDiscrimination. The latest Danish report was submitted to the Committee on theElimination of Racial Discrimination on 6 July 2009.International Convention on the Elimination of all forms of DiscriminationAgainst Women. The latest Danish report was submitted in 2008(CEDAW/C/DEN/7).

Anti-discrimination111. Denmark has ratified ILO Convention No. 111 concerning Discrimination inRespect of Employment and Occupation.112. Discrimination on the labour market on the basis of race, colour, religion or belief,political opinion or national or social origin is covered by the Act on Prohibition againstDiscrimination on the Labour Market etc. from 1996 with subsequent amendments. Thelatest Consolidation Act is from 2008; cf. Consolidated Act No. 1349 of 16 December2008.113. According to the act, an employer shall not discriminate against employees orapplicants for vacancies in connection with recruitment, dismissal, transfer, promotion orwith regard to pay and working conditions. Discrimination with respect to pay conditionsshall be taken to occur in case of failure to give equal pay for equal work or work of equalvalue. Certain provisions in the Act give access to deviate the prohibition againstdiscrimination in particular situations.114. According to article 6 (1) in the Act on Prohibition against Discrimination on theLabour Market etc. the prohibition of discrimination on the grounds of political opinion,religion or belief shall not apply to employers whose enterprise has the express object ofpromoting a particular political or religious viewpoint or a particular religious persuasion,and where the employee’s political opinion, religious conviction or persuasion may bedeemed to be of importance to the enterprise.115. According to article 6(2) the prohibition of discrimination can be deviated, if it is ofdecisive importance to the exercise of certain types of occupational or training activitiesthat the person concerned is of e.g. a particular ethnic origin. The requirement must bereasonable relative to the occupational or training activity. The competence to grantexemptions is placed with the ministries, who handle the conditions of the occupation ortraining activities concerned. Before exemptions are given the appropriate minister shallobtain an opinion from the Minister for Employment. Only few exemptions have beengiven.116. Regarding gender in particular, reference is made to the remarks to ConcludingObservation Para 14 and Concluding Observation Para 25, which have been incorporated inthe text concerning article 3.Safety and health at the work place117. The Act on Working Environment, cf. Consolidation act no. 268 of 18 March 2005,as recently amended by Act no. 1395 of 27 December 2008, regulates the employees’safety and health. Reference is made to previous reports regarding this issue andenforcement of the act.118. In the period 1 June 2001 to 1 March 2009, 47 ordinances were issued, includingamending ordinances that are still applicable with the legal basis in the workingenvironment act.119. For statistics on reported industrial accidents and reported occupational cases ofillness, reference is made to the tables 1, 2 and 3 below.

Screening of all enterprises120. As from 1 January 2005 and for the following seven years, the WorkingEnvironment Authority (WEA) will screen the health and safety conditions of all Danishenterprises with employees. Subsequently, all enterprises will be screened approximatelyonce every three years. Enterprises prioritized for inspection will be screenedapproximately every two years.121. Furthermore it should be mentioned that the WEA has established a “smiley”scheme with the purpose of making the working environment standard at an enterpriseknown to the public.New system of Authorised Health and Safety Consultants122. From 2005, the system of compulsory membership in an Occupational HealthService for certain sectors was replaced by a system of Authorised Health and SafetyConsultants. Following inspections, the WEA may issue a consultancy notice andenterprises are then obliged to call in an Authorised Health and Safety Consultant to helpsolve their working environment problems. Consequently, membership of an OccupationalHealth Service was made fully voluntary.123. For further information on occupational safety and health issue in Denmarkreference is made to Danish reporting concerning international conventions listed below.• Weekly Rest (Industry) Convention, 1921 (No. 14). The latest Danish report wassubmitted to the ILO Committee of Experts on 1 September, 2008.• Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106). The latestDanish report was submitted to the ILO Committee of Experts on 9 November,2008.• Labour Inspection Convention, 1947 (No. 81). The latest Danish report wassubmitted to the ILO Committee of Experts on 16 October, 2008.• Labour Inspection (Agriculture) Convention, 1969 (No. 129). The latest Danishreport was submitted to the ILO Committee of Experts on 9 November, 2008.• Occupational Safety and Health Convention, 1981 (No. 155). The latest DanishReport was submitted to the ILO Committee of Experts on 19 December, 2005.

The Welfare Agreement127. As part of the welfare reform passed by parliament in December 2007 the retirementage was adjusted.128. The voluntary early retirement pension (VERP) age has been raised from 60 to 62years from 2019 to 2022 and the public old-age pension age has been raised from 65 to 67years between 2024 and 2027. As of 2025, the age thresholds in the retirement system areindexed to the mean life expectancy of 60 year-olds so that the combined period withVERP and public old-age pension will be around 19½ years in the long term. If lifeexpectancy does not change compared to life expectancy in 2004/05, the early retirementage stays at 62 years and the pension age at 67.New legislation – Job plan129. In order to remedy the lack of manpower the Government concluded an agreementon a Job plan the aim of which is to increase the supply of manpower and create betterfinancial conditions for seniors who wish to stay on the labour market beyond the age of 65.130. The amendment introduced by the Minister for Social Welfare on 28 March 2008 isaimed at seniors who have already retired, and those who receive social pension and whowish to increase the income from pensions by an additional earned income and at seniorswho wish to defer the pension.Income adjustment131. Entitlement to pension allowance and personal allowances is calculated on the basisof all taxable income, inclusive of pension. Under the new provision the first DKK 30,000of earned income by old age pensioners shall not be taken into consideration in thecalculation of personal allowances (as e.g. the means-tested personal allowance, pensionallowance, supplementary pension allowance and health allowance).Deferred pension132. For persons who meet the requirements for deferred social pension the number ofcompulsory annual working hours shall be reduced from 1,500 hours to 1,000 per year inorder to favour a more flexible transition from working life to retirement.133.The provisions entered into force on July, 1st2008.

Article 10138.Family allowances and child benefits include:•Ordinary child allowanceis payable to single parents and to parents who bothreceive a pension under the Social Pensions Act. The allowance isDKK 4,696annuallyas at January 2009.•Extra child allowanceis payable as a supplement to the ordinary child allowance tosingle parents who have the child living with them. The allowance isDKK 4,780annuallyas at January 2009 irrespective of the number of children.•Special child allowanceis payable to children who have lost one or both parents, orwhen paternity has not been determined. Furthermore, a child may qualify for thespecial allowance if one or both parents receive a pension under the Social PensionsAct and in some other cases. As at January 2009, the special child allowance isDKK 13,536 annuallyper child. An orphan, however, receives twice this amount.•Multiple birth allowanceis granted in the event of multiple births and until thechildren reach the age of 7. The multiple birth allowance isDKK 7,736 annuallyasat January 2009 for each child, except for the first.•Adoption allowanceis granted to adopters of a foreign child through one of therecognised adoption organisations. The allowance isDKK 44,565as at January2009 and is payable as alump sumto cover some of the expenses incurred inconnection with the adoption.•Students allowance.Parents who are under education who have a child living withthem are entitled to an allowance ofDKK 6,160 annually asat 1 January 2009. Aparent can only receive one such allowance and there is only paid one allowance perchild.•Advance payment of child support.Any amount of child support fixed inpursuance of the Children Act remaining unpaid on the due date for payment may bedisbursed out of public funds to the person entitled to require child support. Advancepayment may be required as to the amount provided for by the Children Act, but notexceeding the standard amount of child support, that isDKK 13,536 annuallyas atJanuary 2009.Both family allowances and child allowances are free of tax and paid quarterly,independent of income.Health care for childrenPreventive health schemes for children and young people139. All children under school age are entitled to 7 free preventive health examinationsby a general practitioner. The aim of the examination is to give the child the best conditionsfor developing healthily – physically, psychologically and socially. The costs are coveredby the regions.

140. Through the health visitors the local authorities, as part of their health careprogramme, are responsible for giving free advice, assistance and health examinations tocheck the functional defiances of school children until the end of their compulsoryeducation. The local authority health service also covers a health examination by a doctorof all children in the first year of school, and an examination of all children before leavingschool. Furthermore, there are examinations by a doctor or a nurse throughout the schoolyears of children who are considered to need such examinations.141. All children and young people under the age of 18 have the right to free preventivedental care and treatment provided by local authority.Home-nursing142. All citizens in a municipality are entitled to home-nursing. When prescribed by ageneral practitioner, the municipalities must provide home-nursing free of charge.Moreover, the municipalities are obliged to provide all necessary appliances free of charge.Home-nursing proves treatment and nursing at home who are temporarily or chronically illor dying.143. In the social area, care and assistance to people are governed by the Danish Act onSocial Services. This act lays down a number of provisions in form of care, aids etc. thatenables persons, e.g. people with disabilities or older persons, to remain in their normalliving environment for as long as possible.144. Any lawful resident in Denmark is entitled to assistance under the Act on SocialServices.145. The local authority provides support subject to specific assessment of needs basedon the eligibility criteria for assistance laid down in the individual provisions of the Act onSocial Services.Number of children between 13–17 years of age enrolled in education and employed in2007Children 13–17 yearsof ageEnrolled ineducationEmployedNumber in theentire populationShare enrolled ineducation in per cent

149. When referring to children under 18 and the type of work they perform, experienceshows that this normally concerns lighter work, e.g. work in shops, kiosks, departmentstores, cinemas and family-owned businesses.150. Statistics Denmark uses, among other things, incomes with occupation as abackground and all persons who have earned at least DKK 9,207 in the course of one year(corresponding to at least 80 hours’ work with a calculated minimum wage at the 2005level), are included in the occupation figures for the year concerned.151. In Denmark, children under the age of 13 are not allowed to work. Since table 7nevertheless figures children under the age of 13, this is because some children earn morethan DKK 9,207 per year by participating in cultural and artistic activities and are thusincluded in the statistics.152. The ordinance regarding juveniles’ work was changed in April 2005. The newregulations contain the following significant changes:•15/16 year-olds and “not covered by compulsory schooling”:In addition to theapplicable age requirement of 15 or 16 years for occupation with technical auxiliarytools and systems, work processes with substances and materials within agricultureand on the cleaning area a requirement has been inserted “and not covered bycompulsory schooling”.•Solo work:Net cafés have been added to the list of shops where children may notwork alone after 6 p.m. on weekdays and 2 p.m. on Saturdays, Sundays and publicholidays.

•Respiratory protection:Previously applicable permission to work with hazardoussubstances and materials just as long as the youngster works with respiratoryprotection has been revoked. The age limit is 18.•Placement of the working hours:The regulations regarding the placement ofworking hours have been simplified. The main rule is that children may not workbetween 8 p.m.-6 a.m. In offices, shops and petrol stations for example, childrenmay work until 10 p.m.•Referral to the restaurant act:The restaurant act establishes that at places wherealcoholic drinks are served, persons under 18 may not be employed during openinghours.•Delivery of daily newspapers:The delivery of daily newspapers has changed from4 a.m. to 5 p.m.•Harmless machines:The use of harmless household or office machines ispermitted.•Substances and materials:Children who are 13–15 years old or who are coveredby compulsory schooling may not work with or be in the vicinity of hazardoussubstances and materials.153. In 2006, the theme for the European Working Environment Campaign was “SafeStart”. The slogan for the Danish campaign was “Safe Job Start” and the purpose was toprovide children with a safe start in working life. As something special for the workingenvironment week in 2006, working environment tuition at schools and at other educationinstitutions was also in focus.154.With regard to marriage.According to Danish law, several requirements must bemet in order for a marriage to be valid. The marriage must be contracted before a publicauthority or before a minister of religion either belonging to the Danish NationalEvangelical Lutheran Church or belonging to an approved religious community. In thelatter case the minister must also be authorized to officiate at a wedding. Finally, it is arequirement that both parties are present at the wedding.155. If it is suspected that one party is being forced to contract the marriage, the marriageauthority may suspend the wedding ceremony, until it has been established, that the party isnot being forced to contract the marriage.Referring to concluding observation 21The strategy for homeless people156. To identify the scope of homelessness in Denmark and establish a better basis fordeveloping future initiatives for homeless people, the government initiated a census ofhomeless people and a mapping of local authority demand for homes and residential homesfor homeless people in spring 2007.157. Denmark’s first census of homeless people counted some 5,200 homeless people inweek 6 of 2007. It also showed that homeless people are mainly centred in major urbanareas, primarily in Copenhagen and the local authorities surrounding it. The next census isset for 2011. The Government has also recently introduced a bill aimed at reducing theincreasing number of evictions (please also see under art. 11 “The right to adequatehousing”).

Contents of the homeless strategy158. For the period 2008–11, around DKK 500 mio. (roughly the equivalent of EUR 70mio.) have been allocated for initiatives aimed at helping the largest possible number ofhomeless people out of homelessness.159.The goals of the strategy are as follows:• To reduce the number of homeless people living in the street• To find solutions for young people other than a place at a reception centre• To limit the stay at reception centres to 3–4 months for residents ready to move tohomes provided they are given the needed support• To solve homeless people’s housing problems before they are discharged fromtreatment institutions or released from prison160. The allocated means will be distributed in negotiations with the local authorities,which have the greatest problems with homeless people as well as from a pool for housingassistance schemes.161. The local councils from selected local authorities with major homelessness problemswill set up targets for reducing homelessness; targets springing from the four strategy goals.All activities must be planned with these goals in mind. Monitoring the strategy willconcurrently ensure that activities work as intended and allow intervention if this is not thecase.162. Another pivotal element of the strategy is that Denmark must develop and testmethods at authority and supplier levels; methods set up on the basis of the activitiesrealised in local authorities and the currently best available knowledge in the area. The aimis to develop methods in activities for homeless people, methods that have a documentedeffect and can therefore be communicated to other local authorities in Denmark.163. The local councils are responsible for and play key roles in implementing the meansallocated to the homeless strategy through adopting local homeless plans with specificgoals for reducing homelessness at local levels and are obliged to continue the activitiesbeyond the period covered by the allocation.Regarding concluding observation 27164. “By 1 January 2007 the local government reform came into force. As of this date thenumber of local authorities was reduced from 271 to 98. Moreover, the 14 counties wereabolished and 5 new regions were established.165. The local government reform included a comprehensive reorganisation of tasks inthe public sector. It defines a new structure of the public sector.166. The Government lays down the general framework. The larger and more sustainablemunicipalities are responsible for most of the welfare tasks, i.e. citizen-related tasks, andtherefore become the primary access point to the public sector for citizens. The five regionsare responsible for the health care service, preparation of regional development plans andsolution of certain operational tasks for the municipalities, e.g. operation of a number ofsocial institutions.”The Danish Criminal Code and the Act on Exclusion (including with regard toconcluding observations 17 and 30)167. Acts of violence against women are punishable under section 244–249 of the DanishCriminal Code. These provisions cover acts of violence irrespective of the gender of the

victim (except for section 245a which deals with female genital mutilation only, see below).In determining the sentence, account shall be taken, inter alia, of the seriousness of theoffence, according to section 80 of the Criminal Code. This assessment includesinformation regarding the victim, including any elements that may be specific to femalevictims.168. By Act No. 449 of 9 June 2004, the Act on Exclusion (bortvisningsloven) wasadopted authorizing the police to exclude a threatening and violent adult from the home fora period of four weeks, if there is reasonable cause to suspect the person of havingcommitted a criminal offence, such as violence against another member of the household. Itis a condition for exclusion that the criminal offence the person is suspected of havingcommitted has a minimum penalty of 1 year and 6 months imprisonment according to theCriminal Code. In addition, exclusion can only take place if there is reason to believe thatthe person will commit additional offences if he or she stays in the home. The exclusionalso has to be proportional.169. It is also possible for the police to issue a restraining order, prohibiting the excludedperson to intrude, pursue with written communication or inconvenience another member ofthe household in other similar ways. It is also an option for the police to order the excludedperson not to come within a certain distance of the home, the workplace or the place ofeducation of a member of the household.170. In December 2006, the Research Division of the Ministry of Justice evaluated theeffects of the said Act. The evaluation report shows that from 1 July 2004 to 9 June 2006,the act has been applied in 54 cases – 45 of these involved exclusion from the home. Thecases primarily concerned violence according to section 244 of the Danish Criminal Code,the excluded persons were all men, and the exclusion took place on the basis of a requestfrom the victim.171. A new evaluation of the effects of the Act on Exclusion will be available in the endof 2009.172. In situations where the couple does not live together, it is possible for the police toissue a caution according to section 265 of the Criminal Code.173. Section 265 of the Criminal Code states that a person who violates the peace ofanother person by intruding, pursuing with written communication or inconveniencing thatperson in other similar ways, despite a prior caution from the police, shall be liable to a fineor imprisonment for any term not exceeding two years. A caution issued under thisprovision shall remain effective for five years and is typically issued in connection with thedissolving of marital relations with the purpose of preventing a person’s contact with aprevious spouse or partner. A caution will usually be issued by the police on request of theperson in need of protection but it is also possible for the police to issue a caution on theirown initiative, if it is deemed necessary to prevent serious assaults etc.Initiatives by the National Police174. In August 2007 the National Police (Rigspolitiet) issued a national strategy tocombat domestic violence and jealousy motivated homicides. The central elements in thestrategy are establishing specialised units in all police districts, cooperation betweenauthorities and efficient use of the expulsion and restriction order legislation.175. Furthermore, in January 2007 the National Police issued a national strategy tocombat honour killing and other culturally or religiously motivated crime. In connectionwith the strategy the National Police initiated a monitoring system. To this end the policedistricts continuously and systematically report to the National Police any information ofrelevance in combating honour related crimes. On the basis of the compiled information

and analysis the police are able to react proactively and goal oriented towards suspicions ofhonour related crime.Statistics176. It is estimated that approximately 70,000 women aged 16–64 are exposed tophysical violence on an annual basis. In 40 per cent of the total number of violence cases,the perpetrator is a present or former partner, which means that approximately 28,000women aged 16–64 are the victims of partner violence every year. It is estimated thatapproximately 29,000 children aged 0–15 are the victims of domestic violence on an annualbasis. Approximately 2,000 women and a similar number of children move into sheltersevery year.177. In the period 2000–2005, there was an estimated fall of one third in the number ofwomen victims of partner violence. This is partly seen as a direct result of theGovernment’s action plans.178. Independent evaluations have been drawn up of the Government’s first and secondaction plans on gender based violence and on the basis of these a new National Strategy onviolence in close relationships is currently being drafted.Female genital mutilation (FGM)179. Female genital mutilation — with or without consent from the victim or her parents— is a crime under section 245a, of the Danish Criminal Code. The maximum penalty is 6years of imprisonment or, in case of particularly aggravating circumstances, 10 years ofimprisonment.180. Where the perpetrator is a Danish national or resident in Denmark, female genitalmutilation is subject to Danish criminal jurisdiction and punishable under section 245a ofthe Danish Criminal Code regardless of whether the act was committed in Denmark orabroad and regardless of whether the act was a criminal offence under the law of the Statewhere the act was committed.181. The Danish Courts passed their first sentence in a criminal case concerning violationof section 245a in the Danish Criminal Code in January 2009. The parents of three girlswere charged with violation of section 245a and attempt hereon, partly by co-operating inbringing the two oldest girls to Sudan where an unidentified person living in Sudanperformed a female circumcision on both of the girls, and partly by planning on travellingto Sudan with their third and youngest daughter with intention of co-operating in having hercircumcised as well. The plan on bringing the youngest daughter to Sudan did not succeedas both parents were arrested before departure. The father of the two girls was acquitted,but the mother was convicted of contributing to the circumcision of the two oldest girls andacquitted of the matter concerning the youngest daughter. The mother was sentenced withimprisonment for 2 years, whereof the execution of 1 year and 6 months was suspendedwith a period of probation on 3 years. Furthermore it was imposed on the mother to paycompensation amount to DKK 25.000 to each of her daughters.Trafficking: The Criminal Code (including with regard to concluding observations 19and 32)182. The Criminal Code section 262a identifies trafficking of human beings as a specificcriminal offence. Under section 262a, which was introduced into the Danish Criminal Codein 2002, trafficking is punishable with a prison term not exceeding 8 years.

The Council of Europe Convention on Action against Trafficking in Human Beings183. Denmark ratified the Council of Europe Convention on Action against Trafficking inHuman Beings in September 2007. Previous to this, in June 2007, the Danish Parliamentadopted a bill introducing the necessary legislative amendments in order to implement theConvention in Danish legislation.The Danish anti-trafficking policy184. Since 2002 the Government has launched two action plans to combat trafficking inhuman beings. As part of the implementation of the plans a large range of initiatives havebeen initiated aimed at supporting victims of trafficking, prosecuting the criminalsorganizing the trafficking as well as information activities.185. The Danish Anti-Trafficking Centre was officially established in September 2007.The centre manages the social dimensions of the national Action Plan to Combat HumanTrafficking 2007–2010, and has three executive goals:• To improve the social assistance to victims of human trafficking• To coordinate collaboration between social organizations and other publicauthorities• To collect and convey knowledge in the field of human trafficking186. A wide variety of support assistance is offered to victims of human trafficking,including:• The identification of victims of human trafficking through outreach work• Healthcare, including medical, psychological and dental care• Legal advice, including information regarding legal rights and opportunities, as wellas assistance during police raids• Various skills-training courses for authorities dealing with trafficking• Up to 100 days accommodation in a shelter or protection centre as part of aprogramme of prepared return• Arranged repatriation of victims of human trafficking in cooperation withorganisations in the countries of origin, including information on the possibilitiesavailable in the country of origin, the preparation of travel documents,accompaniment during travel, cooperation with an organization/NGO in the homecountry upon arrival, help regarding accommodation, treatment and implementationof an alternative livelihood187. Besides the above mentioned tasks, the Anti-Trafficking Centre is responsible forthe organising and coordination of the social work in connection with victims of trafficking.For this purpose local, regional and national contracts with a variety of different NGO’s andsocial organisations in Denmark has been made; such as the Competence CentreProstitution, The Nest International, PRO-Vest, Danish Red Cross and Save the childrenDenmark. The Competence Centre Prostitution and the two regionally based organizationsThe Nest International and PRO-Vest are being funded by the government to do outreachwork in the sex trade industry, including identifying and counselling victims of traffickingand running a safe house. The Danish Red Cross and Save the Children focus on possiblechild victims of trafficking and collect figures in this field.188. In September 2006 the National Police issued a national strategy for reinforcedpolice action against criminals who control prostitution. The strategy is aimed at humantrafficking and serious prostitution related offences, for instance procuring.31

189. The central points of the strategy are focus on the criminals who control prostitution,local strategies and plans of action, allocation of the necessary resources, systematiccollection, processing and analysis of intelligence, reinforced control activity, proactive andtargeted investigations, careful treatment of victims and witnesses, supplementary trainingof police personnel, cooperation with authorities and organisations and preventivemeasures.190. The strategy is followed by yearly status reports. The latest regarding 2008 waspublished in March 2009.Sexual exploitation of children191. The Government attaches great importance to securing a high level of legalprotection against child pornography and sexual exploitation of children, and theGovernment has continuously taken new initiatives to secure a high level of protection ofchildren against such crimes in any form.192.The following legislative initiatives have been implemented in recent years.

193. By Act No. 165 of 28 March 2008, the Danish Administration of Justice Act wasamended in order to increase the possibility of preventive detention, in cases e.g. regardingsexual abuse of children under the age of 15 years.194. By Act No. 490 of 17 June 2008, the Parliament adopted a comprehensive revisionof the general provisions of the Criminal Code concerning Danish criminal jurisdiction. Theexisting main principles on Danish criminal jurisdiction have been carried out with someextensions of the scope of jurisdiction in certain areas, such as e.g. the protection of victimswith relations to Denmark. The regulation inter alia extends jurisdiction as regards thedissemination of material such as child pornography via the Internet.195. Furthermore according to section 222 of the criminal Code, enacted by Act No. 501of 17 June 2008, it must be considered an aggravating circumstance if the perpetrator hasgained intercourse with a child by exploiting his physical or psychological superiority.196. By Act No. 319 of 28 April 2009, the Parliament adopted the necessary legislativeamendments in order to implement the Council of Europe Convention on the Protection ofChildren against Sexual Exploitation and Sexual Abuse — signed on 20 December 2007 —in Danish legislation.National strategy against sexual exploitation of children197. Denmark is currently drawing up a new joint national strategy against sexualexploitation of children, as the previous national action plan has become outdated.198. The new national strategy is to help facilitate new relevant ideas on how to combatsexual exploitation of children and sum up the current initiatives and best practises.199. Among these current initiatives are the Danish campaign against child sex tourism,the initiative of proactive police investigations on the internet to counter grooming and theDanish Child Pornography Filter, which is known internationally for its groundbreakingand efficient technology.

society and the labour market. The Government wanted to break down societal barriers,also in the labour market, and give the most socially disadvantaged groups betteropportunities for developing and utilising their own resources and competencies.202. With the action programme, the Government aimed to enhance outreach work andsupportive activities, provide more means of accessing the labour market and improve localauthority casework. In all three areas, specific projects and initiatives have now beenundertaken.203. To be able to plan the initiatives in the best possible way, the Government preparedthe action programme on the basis of a hearing in the Council for Socially MarginalisedPeople and among other organisations in society that represent the disadvantaged groups. Inaccordance with the wishes of the Council for Socially Marginalised People and theorganisations, the resulting action programme contained initiatives in several areas. Theprogramme contains specific out-reach and contact-creating initiatives, where theauthorities and civil society organisations, which often find it easier than the authorities tocreate the first successful contact to the disadvantaged people, will initiate a positivedevelopment that may help disadvantaged people into employment in the long term.Moreover, the action programme also contains more targeted employment initiatives thathelp create more opportunities for employing disadvantaged groups in the labour marketand upgrade the competencies of disadvantaged people. An account is given below of theinitiatives initiated so far in relation toOur Collective Responsibility II.Mentor schemes204. With a view to helping disadvantaged people into employment, projects have beenestablished with mentors who are affiliated to the shelters where many disadvantagedpeople stay.205. A follow-up to the projects in the first year showed that the target groups in theprojects are burdened by more problems than assumed. This is due to the generallyfavourable employment situation at the time, which means that the best-functioning of thedisadvantaged people have found paid employment themselves.206. The largest target groups for the projects were mentally ill substance abusers andpersons with physical challenges. Approx. 53% of them have bad labour market experience.Seventy per cent of the enterprises cooperating with the projects are private ones. Noinformation is yet available on the effect of the initiatives.Establishing enterprise centres207. Since 2006, more than 100 private or public enterprises have established enterprisecentres according to agreement with the local job centre. An enterprise centre employs agroup of at least four benefit claimants that have problems other than unemployment. Workis integrated in the enterprise’s normal operations and can be supplemented by variousforms of activities that support the unemployed person on his or her way to the labourmarket. Experience gained so far shows that participants have very poor qualifications forperforming a job, including a very long period of unemployment. Still, the results are betterthan for other forms of activation.208. A pilot project following the same model has subsequently been launched, but forvulnerable young people. Young people’s social psychological problems are solved in anintegrated effort with an employment-oriented programme in an enterprise. The pilotproject is expected to include eight enterprises.

Special supplementary training courses for socially disadvantaged groups209. A supplementary training project will be set up, under which socially disadvantagedpeople with qualifications in a certain field can complete a special supplementary trainingcourse, an initiative that will eventually ensure that they can get a job within their field.Establishing special training programmes for caseworkers210. In autumn 2007, the Danish School of Public Administration held 20 courses for upto 500 caseworkers. The courses were based on the challenges that caseworkers face withdisadvantaged groups. Much time was spent on identifying caseworker processes, i.e.training skills. A special training programme aimed at both outreach social workers andcaseworkers in the administrations will be established. External providers will conduct thetraining programme.211. One example is the projectFrom disadvantaged to appreciated,which aims athelping socially disadvantaged people set up their own businesses. Almost 100 userssubmitted proposals for business plans, eleven of which were chosen. These users can usebusiness managers as personal sounding boards for six months. Other projects involve thegranting of micro loans to entrepreneurs among socially disadvantaged people and thelaunch of recycling projects.Forming marginalised-people teams in the local authorities212. Pilot projects will be launched on establishing special interdisciplinary teams oflocal authority social workers. Like the rest of the population, socially disadvantagedgroups need assistance through public social, health and employment services. Moreover,they need special support with problems that are often severe and complex. The aim ofestablishing marginalised-people teams is thus to make it possible to take swift action whena citizen approaches a social worker for help handling substance abuse or health problemsor finding a road towards employment. Ten local authorities have received grants.Establishing satellite offices in socially disadvantaged areas213. “Satellite offices” are being set up in places where many people with severe socialproblems live, ghettos for example, to provide easy access to help and support from publicauthorities. Easy access to caseworkers is crucial when citizens run into a situationrequiring assistance from the social authorities. Locating satellite offices in sociallydisadvantaged citizens’ neighbourhoods creates an organisation that promotes a moreinformal contact with public authorities. This makes it easier for disadvantaged citizens tolearn of and benefit from the services offered by the public system. Eight local authoritieshave received grants to establish satellite offices.214. The initiatives are aimed at better qualifying local authorities to provide the righthelp at the right time to socially disadvantaged citizens. The initiatives will mean that thelocal authorities’ services and other support to socially disadvantaged citizens are givenwhere the citizens live, and that all problems are considered as part of the case work. Theinitiatives help ensure that assistance is provided at the right time, namely when the citizenis ready to re-enter his or her life.215. Results of the efforts must be documented for each initiative and in each projectlaunched as part of the realisation of “Our Collective Responsibility II”.Skills upgrading for groups with reading and spelling difficulties216. Another major initiative in 2007 was upgrading the skills of persons who lackreading/spelling competencies. The project is part of the Welfare Agreement, and the

objective is to assess the reading and spelling skills of 5,000 unemployed persons. Ifnecessary, they will be offered upgrading of their skills. One thousand persons are expectedto have such need.Starting allowance217. The Government has continuously initiated analyzes and surveys on the effects ofthe reduced cash benefit the so-called starting allowance, and the surveys show positiveresults.218. Statistics from the Ministry of Employment shows that relatively more foreignersreceiving introduction allowance on the level of starting allowance gets into ordinaryemployment than foreigners receiving introduction allowance on the level of cash benefit.A survey from April 2007 carried out by “The Rockwool Foundation” confirms thesetendencies. The survey shows that 56 percent more persons receiving the starting allowanceget into ordinary employment than is the case for persons receiving the higher cash benefit.219. On this basis, it is the Government’s intention to uphold the starting allowance as animportant tool to entice persons receiving cash benefits from the State to seek employment.In the context of integration, it is still the Government’s view that active labour marketparticipation is the main key to successful integration into Danish society.220. The Eastern High Court rendered a decision 24 April 2009 in a civil case, where aplaintiff had pleaded that the fact that he had received starting allowance constituted abreach of international obligations, amongst those article 11 of the UN Covenant onEconomic, Social and Cultural Rights. The Court came to the conclusion that nointernational convention has been breached, and the Court stated that the rules in the Danishlegislation serve a legitimate aim.221. Furthermore, the Government has in June 2007 put forward a wide range ofinitiatives which shall ensure that more women with ethnical background become activecitizens in the Danish society.The right to adequate food222. In Denmark adequate food is provided to all groups of the population in all areas ofthe country. Today, food security is therefore not an issue in Denmark. Currently, the keyissue regarding food policies in Denmark is to ensure a high level of food safety and toencourage the population to consume healthy and diversified food.The right to adequate housing223. As mentioned in art. 9 the government has launched a new strategy regardinghomelessness.224. Please also see The Fourth Periodic Report article 11 D, paragraphs 350–352, 292–298, 313–314, and 329–339.225. The total number of social housing units in Denmark is 550.000, which is 20 percentof the total number. Social housing is let to tenants through waiting lists. The governmentdoes not have information about the average length of waiting time, as the waiting list areadministered by the non-profit housing organisations, who are under inspection by the localauthorities. 42.000, 8 percent, of the social housing units are placed in rural and remoteareas.226. According to the Danish Act on Social Housing etc., the local council has theresponsibility to provide the necessary amount of social housing for the elderly and peoplewith disabilities with a special need for such accommodation.

227. Please also see the fourth periodic report article 11 D, paragraphs 298–302, 306,332, 340–344.228. An analysis on forced evictions in Denmark was carried out by the Danish NationalCentre for Social Research in 2008. The report concludes that the main reasons for tenantevictions are low income, low disposable income, large debts, a relatively large proportionof income spent on rent, and poor financial management. Tenants with an ethnicbackground other than Danish have a slightly larger risk of being evicted, than tenants witha Danish background. Other groups with an increased risk of being evicted are recipients ofcash assistance from their municipality, single men, single mothers, young people andtenants with a short education.229. I.e. there are no specific groups, such as ethnic minorities who are particularlyaffected by forced evictions. And accordingly hereto there are no measures taken to preventdiscrimination.230. According to the records of the Danish Court Administration the total number offorced evictions in Denmark, as a result of payment default, increased from 2,614 evictionsin 2004 to 3,762 in 2008.Recorded number of forced evictions in Denmark during the period 2004 to 200820042005200620072008

231. As a consequence of double registrations, the records of the Danish CourtAdministration slightly overestimate the number of households being evicted. The DanishMinistry of Interior and Social Affairs estimates that the actual number of households beingevicted is approximately 10–15 per cent lower than the figures above.232. All tenants in non-profit as well as private housing are protected against eviction,which is regulated in the Rent Act. I.e. tenants basically have security of tenure as long asthey comply with the terms of the lease.233. Thus the letter or the housing association can only terminate the lease in the specialcircumstances, described in The Fourth Periodic Report article 11 D, paragraphs nr. 313–314.234. Furthermore the lease can be terminated if the tenant fails to pay the required rent,and the people who suffer from forced eviction are in general people who do not pay theirrents.235. Most rental dwellings are subject to rent regulation see also The Fourth PeriodicReport article 11 D, paragraph nr. 315.Housing agreements236. In the 2006 housing agreement and the 2007 housing agreement the Governmentagreed to expand the current investment facility for renovation in the most deprived areasby DKK 2.125bn in 2006 and by DKK 2.400bn in each of years 2007–2012.237. Further DKK 2.200bn was allocated for social and preventive measures, as well asfor local coordination and evaluation in social housing divisions where substantial problemsof a financial, social or other nature have been found, including high rent, high rate ofturnover, large share of occupants with social problems, violence, vandalism or run-downbuildings and open spaces in the most deprived areas in the period 2006–2010.36

With regard to concluding observations 21 and 34238. Reference is made to the extensive explanation of the Danish legislation regardinganti-discrimination in the Danish follow-up report (E/C.12/Q/DNM/1). The Act on EthnicEqual Treatment is applicable also to housing.With regard to concluding observation 27239. In 2002 the Danish Government established a Commission on AdministrativeStructure. In January 2004 the Commission on Administrative Structure published itsconclusions and in April 2004 the government presented its proposal for a reform of thestructure of the public sector in Denmark.240. The Danish local government reform came into force on January 1 2007 and meant anew division of municipalities and regions and a new distribution of tasks betweenmunicipalities, regions and the state. As an outcome of the reform 98 municipalitiesreplaced the previous 271 and 15 counties were abolished and 5 regions were created.241. The Government lays down the general framework. The larger and more sustainablemunicipalities are responsible for most of the welfare tasks, i.e. citizen related tasks, andtherefore become the primary access point to the public sector for citizens. The five regionsare responsible for the health care service, preparation of regional development plans andsolution of certain operational tasks for the municipalities, e.g. operation of a number ofsocial institutions.”242. The Danish local government reform has not had any impact on the marginalisedgroups of society, since the reform didn’t have any implications on the Danish policy onsocially marginalised groups nor in the type and number of benefits socially marginalisedgroups receive.Strategy against ghettoization243. The Government wishes to ensure that all citizens benefit from the opportunities amodern everyday life in a democratic society has to offer. All citizens should have a lifecharacterized by opportunities and free choice. In 2004 the Government introduced its anti-ghettoization strategy, as ghettoization is found to be a significant barrier for integrationinto social life, the educational system and the labour market. The strategy aims atimproving the conditions for all residents in deprived urban areas, including crimeprevention, education, employment initiatives etc. Some of these areas have a residentcomposition of more than 90 per cent immigrants, refugees and descendents. Therefore theanti-ghettoization strategy also contains a wide range of specific integration initiatives.244. Within the framework of the strategy against ghettoization a Programme Board forDialogue and Balance in Vulnerable Neighbourhood composed of representatives from thehousing sector, the business sector and local councils was established for the period 2004–2008. The purpose of the Programme Board was development of a comprehensive forward-looking strategy for action in the most vulnerable neighbourhoods in Denmark. InNovember 2008 the Programme Board published a report with its observations andrecommendations to the Government, local councils and housing organizations. The reportconcludes that the overall impact of the initiatives in the deprived neighbourhoods has beenpositive, not the least regarding the residents’ attachment to the labour market. TheMinistry of Refugee, Immigration and Integration Affairs is currently considering theobservations and recommendations made by the Programme Board as to future action.

Article 12245. Over the last 10–15 years, preventive health and health promotion have been given ahigher priority in Denmark. This is due to the recognition of the fact that lifestyle relateddiseases like cancer and cardiovascular diseases dominate the pathological picture today.Only a limited part of total preventive health care and health promotion lies within thehealth sector and thus with the central health authorities.246. With its extensive reorganisation of the public sector and the new health legislation,the Government has given the municipalities the primary responsibility for preventivehealth and health promotion from 2007. The Government is thereby aiming to use thealready established close contact between the municipalities and the general public as wellas the large volume of knowledge about local conditions to make preventive health andhealth promotion more effective.247. The Government takes initiatives, coordinates and advises in the field of health. Oneof the main tasks is to establish goals for the National Health Policy. The responsibility forrunning the health service is decentralized to the regional and local administrative bodies.248. To secure the necessary planning and coordination of the health service, the regionsare obliged to develop a Health-Care Plan, which stipulates the organization of the healthservice. Furthermore, in order to improve the efficiency and the coordination of thedifferent administrative levels involved in health care, Health Agreements are to be enteredbetween the regions and municipalities every four years. The National Board of Health isauthorized to approve these agreements.249. The Danish health care system is based on the principle of easy and equal access forall citizens. The vast majority of health services in Denmark are free of charge for the users,e.g. hospital services and services from general practitioners.250. As part of the new Government platform 2007, the Danish Government planned fortwo new large initiatives to follow up on “Healthy throughout Life”.251. In January 2008 the Government appointed a committee of experts in the field ofhealth promotion and disease prevention, health economics and representatives from boththe public and private sector. On 21 April 2009 the committee submitted itsrecommendations on how health promotion and disease prevention in Denmark can becarried out even better.252. Secondly, in October 2009 the Government has published a new public healthpromotion strategy that includes a clear aim for the increase in the life expectancy over thecoming 10 years, six principles on which the Government’s policy is focused and 30concrete initiatives to carry out the strategy.253. Health allowance (under the Social Pensions Act) may be granted to old agepensioners and anticipatory pensioners under the Anticipatory Pensions Act from before 1January 2003. Health allowance is means-tested and thus payable subject to personalincome and liquid assets.254. Health allowance is granted by the local authorities as a periodical benefit or as alump sum towards the payment of e.g. medical drugs, dental treatment, physiotherapy,psychological and chiropractic treatment. It is granted upon request and is discretionary.The allowance may cover up to 85 % of the cost.255. Persons aged 65 years and above and from 2007 also persons with some chronicdiseases and persons, who have taken early retirement, can be vaccinated against influenza,free of charge. The costs are covered by the regions.

256. Over the last decade, the Danish Government has carried through central aidprogrammes in its efforts for drug addicts and alcoholics. These efforts comprise treatment,rehabilitation, and offers of activity opportunities, day centres and temporary housing. Thiswork and efforts continues to be a very important issue for the Danish Government.257. Initiatives regarding the prevention of drug and alcohol abuse and psychosocialproblems among pregnant women to reduce the stillbirth rate and infant mortality as well asinitiatives to provide a healthy development of the child have been implemented.258. As for tobacco an Act prohibiting tobacco advertisements came into force in 2002.On the basis of an EU directive, legislation on manufacture, presentation and sale oftobacco products also came into force in 2002. This Act includes limit values for the tar,nicotine and carbon monoxide content in cigarettes and rules on the labelling of tobaccoproducts including health warnings. In 2004 it was prohibited by statute to sell tobacco andalcohol to persons under the age of 16.259. In May 2007, the Parliament adopted the Smoke-free Environments Act. Thepurpose of the Act is to promote smoke-free environments with the aim of preventingharmful health effects from passive smoking and involuntary exposure to tobacco smoke.260. The Act applies to all public and private workplaces, institutions for children andadolescents, educational institutions, indoor facilities to which the public has access,including means of public 33 transport (the public space) and hospital establishments. As ageneral rule, smoking is not permitted indoors at these premises.261. The Act includes a wide range of exceptions. In general, it is permitted to establishsmoking booths and special rooms for smoking at workplaces, educational institutions, inthe public space, at hospital establishments etc. In addition, there are exceptions for:workrooms that serve as a workplace for one person only, small restaurants with a licenseto serve alcohol, a serving area of less than 40 square metres, drop-in centres for thesocially vulnerable, accommodation or rooms for residents at nursing homes and the like.262. In 2008 the age limit for selling tobacco to persons was raised to the age of 18.These legal changes have been accompanied by a number of public campaigns to preventsmoking and encourage smoking cessation. Local tobacco addiction treatment clinics havebeen established in many municipalities.263. A large-scale campaign against tobacco use is running in the second half of 2009using the successful Australian campaign concept; “Every cigarette is doing you damage”.The campaign focuses on the health effects of smoking through combined support servicesand a mass media campaign especially via television-spots showing e.g. the ‘Artery’advertisement, which shows fatty deposits being squeezed from the abdominal artery of a32-year-old smoker.Adequate treatment and care264. As from August 2008 children and young persons with psychiatric illnesses havebeen entitled to examinations with short notice. This entitlement implies that children andyoung persons who have been referred to examination in the public psychiatric care forchildren and young persons are entitled to seek examination in a private clinic or hospitalwith agreement with the regions if the region of residence does not offer the examinationwithin 2 months.265. As from January 2009, children and young persons are also entitled to treatmentwith short notice. In connection with the implementation of these patient’s rightsconsiderable resources have been allocated for the extension of the capacity of treatment inthe public psychiatric care for children and young persons. The most recent statistics for

2008 show that the number of children and young person on the waiting list has beenreduced for the first time in many years in spite of the rise in referrals in the same period.266. In the current parliamentary session the Government has introduced a Bill on theestablishment of an extended right to treatment in psychiatric care for adults as fromJanuary 2010.Periodic review267. The Danish Psychiatric Act was amended by the Danish parliament in June 2006,and the amendments entered into force on 1 January 2007. All alterations introduced sincethe previous amendments in 1998, including the changes from June 2006, have beencombined in Consolidated Act no. 1111 of 1 November 2006 on the use of coercivemeasures in psychiatry.268. It follows from the Psychiatric Act that the consultant physician must take measuresto secure that deprivation of liberty and use of other restraints is used only to the extentnecessary.269. With a view to ensuring high quality in the use of restraint and limiting the durationof the immobilisation, the government proposed that clear and uniform rules be laid downstipulating a minimum frequency of medical supervision and simultaneous assessment ofwhether the immobilisation should cease or continue. These rules were adopted, with theresult that medical assessment of the immobilisation must now take place at least four timesdaily at evenly-spaced intervals. The aim for the systematically increased medicalsupervision is to focus the awareness of doctors as to whether the immobilisation should bemaintained, and on the possibility of alternative treatment. The overall goal is to ensure thatany compulsory immobilisation, in common with other forms of restraint sanctioned bylaw, continues no longer than absolutely necessary.270. The decision to enforce immobilisation will be subject to a special review if themeasure is extended beyond 48 hours. This review is to be undertaken by a doctor who isnot employed in the psychiatric unit in which the measure is being enforced, is notresponsible for treating the patient, and is not a subordinate of the doctor treating thepatient. This measure will secure impartiality in relation to the evaluation of the need tocontinue the immobilisation. The doctor undertaking the external review must be a trainedmedical specialist in either psychiatry or child and adolescent psychiatry.271. Every instance of deprivation of liberty and use of other restraints must be noted in aspecial protocol at the psychiatric ward, and this information is reported to the localauthority as well as the central governmental institutions.With regard to concluding observations 22 and 35272. The Government launched an action plan against drug abuse in October 2003. Theaction plan called “The Fight against Drugs” contains a number of concrete initiativeswithin prevention, medical and social treatment, law enforcement, treatment of criminaldrug abusers and international cooperation. Also the overall Danish national drug policyand its underlying premises as well as actions taken in the fields of prevention, treatmentand control are being evaluated continuously and adjusted when needed. Besides thisevaluation, monitoring is an integrated part of several of the concrete initiatives in theaction plan in “The Fight against Drugs” as well as in concrete initiatives taken after thelaunch of the action plan.273. “The Fight against Drugs” has been followed by agreements between thegovernment and parties behind the annual distribution of social reserve funds. These

agreements contain a large number of initiatives with the aim of curbing drug abuse and theresulting injuries.274. In order to strengthen intervention, the Government signed the social reserve fundagreement for 2004. In this agreement DKK 145 million was set aside over the years 2004–2007 for specific drug initiatives.275. In order to boost this initiative even further, the Government signed the socialreserve fund agreement for 2006. In this agreement, DKK 250 million was set aside overthe years of 2006–2009 for other dedicated drug initiatives. The 2006 agreement includesthe following initiatives:• Treatment for drug users in prisons will be increased so that the general treatmentguarantee for drug users will also include inmates in prison and probation serviceinstitutions• The introduction of guaranteed social treatment for young people under 18 affectedby serious drug abuse problems will ensure that young people suffering such majordrug dependency problems that the general provision for young people cannot beapplied will receive treatment• Larger regions in the relevant situation can apply for resources from a fund to coverhalf of the costs involved in launching a healthcare programme targeted at the mostseverely addicted drug users• Methadone injections are being introduced as a treatment option for people hugelyinvolved in intravenous drug use, showing current or impending signs of damage totheir health, in spite of adequate normal treatment, where the methadone is takenorally• Efforts aimed at treating in particular, drug users infected with hepatitis C have beenstepped up across the country• The group of people being offered free vaccination against hepatitis B is beingexpanded so that people who live with someone with chronic hepatitis B, peopleinfected with hepatitis C and children under the age of 15 who frequent residentialareas where there are many injecting drug users will now also be included in thisprogramme• To support opportunities to help in the fight against drug-related problems in theimmediate vicinity of Copenhagen’s Vesterbro district, a fund has been set up whereassociations and other organisations can apply for resources to cover the cost ofdeveloping and implementing locally based initiatives, aimed, in the broad sense, atimproving conditions for drug users and solving the problems which a drugenvironment inflicts on this district276. Financing most of the initiatives in the agreements is permanent, which means thatthe initiatives last beyond the agreement period.277. In spite of additional and improved initiatives launched for drug abusers, society isstill faced with major challenges in the drug area. The Government neither can nor willaccept the prevalence of drug abuse or the scope of resulting injuries. Drug abuse andinjuries must be reduced. Thus in the social reserve fund agreement for 2008, theGovernment has obtained permission to intensify treatment programmes with three newspecific initiatives:• Out of the social reserve funds for 2008, amounts of DKK 9.3 million and DKK11.6 million has been set aside for each of the years 2009–2011 for Buprenorphineas the first choice when applying substitution therapy

Article 13279. Denmark has developed a strategy for pursuing the benefits of globalisation andcoping with its challenges –”Progress, Innovation and Cohesion” (2006). The strategyrepresents 350 proposals, 187 in the area of education. The strategy was complemented bythe Government’s welfare reform proposals, which focus on getting young people tocomplete their studies and on improving the integration of immigrants. Inclusion is thekeyword for these initiatives and they promote possibilities of enjoying the full and equalenjoyment of human rights and fundamental freedom.280. Since the fourth periodic report, the Danish Government has taken a range ofinitiatives to improve the quality of teaching in the primary and lower secondary school(the Folkeskole) and in particular to ensure that all children leave the compulsory schoolsystem with the necessary qualifications to succeed in further education and in society ingeneral.281. Compulsory education has been expanded from nine to ten years as from august2009, participation in the pre-school class is compulsory. The tenth grade is optional andhas been modified to better facilitate transition into upper secondary education with a focuson pupils, who need to strengthen their academic skills and need support and guidance inchoosing an upper secondary education. At present there are no figures available forattendance of the tenth grade after the reform, as the changes only took effect from August2008.282. In addition, the objects clause of the law on the Folkeskole has been amended inorder to put greater emphasis on academic skills and competencies as tools for furtheringthe development of the children and the role of the compulsory school in preparing thechildren for further education. This emphasis is reflected in several initiatives that aim atproviding clear goals for the instruction and developing a culture of evaluation, for examplethrough binding attainment target for the instruction in all subjects, compulsory leavingexaminations in the compulsory schools and development of national tests in a range ofsubjects at different grade levels.283. The Government is still very aware of the drop-out problem and a target for 2015 isto see 95% of all young people complete a program of upper secondary vocationaleducation (IVET). In 2008, DKK 10 million was allocated to special schemes for childrenand young people. The intention is for more young immigrants to complete an educationalprogram that gives them the vocational qualifications needed to find permanentemployment.284. As a follow-up to the Globalization Strategy and the Welfare Agreement of 2006several amendments of the Act on Vocational Education and Training have beenimplemented and adopted in 2008 to reduce the drop-out rate and streamline as well assimplify the overall system of IVET. The system is still highly flexible and has recentlybeen modified both structurally and pedagogically.

285. Statistics show that — when compared with their ethnic Danish peers — studentwith another ethnic background than Danish are at greater risk of dropping out of an IVET-program. Therefore, the Ministry of Education and the Ministry of Refugees, Immigrationand Integration Affairs have established a joined task force, which over the next four yearswill help vocational colleges to retain bilingual students.286. In recognition of the fact that special options must be available for young people indifficult education and employment situations, municipalities have since 2007 been obligedto organize vocational basic education programs (egu) for young people belonging to thetarget group. Completion of an individually designed egu-program gives vocationalqualifications and, in addition, the student has the opportunity to continue in an IVET-program with credit given for the qualifications already obtained.287. Concerning the number of practical placement positions, the Government adopted anumber of legislative amendments in December 2003 in order to increase the number.Hence, from 2004 several initiatives with a view to increasing the number of practicalplacement positions have been implemented, and the number increased from 26,300 in2003 to 37,000 in 2007. In 2008 there was a reduction in the number of practical placementpositions to 33,000 mainly caused by the general economic slowdown.288. In 2006 public expenditure on higher education was 25.6 billion (1.6 % of GDP).This amount includes DKK 7.5 billion spent on student grants.289. The target goal is to increase the number of participants up to 40.000 full-timeequivalent students per year compared to 27.000 in 2006/07. One of the measures is thatparticipant in adult vocational training programmes for low skilled and skilled workers maybe assessed in reading, writing, aritmehmetics and mathematics and may receive guidancein this context i.e. for the preparatory education programme.290. The most important part of the adult education and continuing training is the adulttraining courses; the open education system; formal, general adult education; the leisure-time education; and the folk high school.291. In order to strengthen the effect of language stimulation, the municipalities nowhave an obligation to offer language stimulation to bilingual children from the age of 3. Inaddition, it is compulsory for parents to accept an offer of language stimulation, if aprofessional assessment of the child shows that this is necessary.292. Statistics and surveys show that the academic performance of pupils with a migrantbackground is significantly lower than those of children without a migration background.For example, 53 % of children with a non-western background perform at PISA level 0 or1, meaning that they lack functional reading competencies whereas the same is the case foronly 17 % of pupils without a migration background. This is a matter of concern and theGovernment has taken a range of initiatives to help children with a migration backgroundperform at the same level as their native peers.Teacher training programme293. To ensure that all higher education is equally accessible to all, students must beprovided with the knowledge and skills that prepare them for further education. Teachereducation plays an important role in this process. Thus remedial educational theory hasbecome a new optional main subject in the teacher training programme. The pedagogicalsubjects of the teacher training programme have also been amended to better qualifyteachers to work with children of non-Danish ethnic origin. Student teachers must developskills for teaching in culturally diverse primary and lower secondary schools. Students workwith theories of multicultural background, social integration, cultural encounters andintercultural education.

294. The subject ‘Christianity/civics/citizenship plays an important role in the newteacher training programme, dealing with such key themes as the history of ideas, ethics,democracy and citizenship. The objective of the subject is – among other things – that theteachers should contribute to developing the pupils’ critical faculty and teaching them tolive together with respect for one another’s values and norms. The curriculum includes keyvalues for democratic citizenship such as tolerance, authority, equality, freedom andbrotherhood. Through this subject, future teachers in primary and lower secondary schoolare given the tools to teach democracy both in theory and in practice.295. Teacher students can during their teacher training elect to qualify in teachingbilingual pupils. The aim of the subject Danish as a second language is to qualify teachersto support bilingual pupils in developing their language skills.Higher education296. It is a key objective for the Danish government that by 2015 at least 50 percent of ayouth cohort should complete a higher education programme. The share of a youth cohortin 2007 that is expected to complete a higher education programme is 45 percent.297. Danish students can obtain a scholarship for studying abroad if they choose tocomplete a full programme — or parts hereof — at an approved foreign higher educationinstitution. The scholarship will cover the required tuition fees up until the level oftaximeter funding (funding per FTE (Full Time Equivalent) student) given to a similarprogramme in Denmark.298. The Danish Government aims to ensure the accessibility of public websites toescalate the use of digital self-service and an inclusive information society. From 1 January2008 the Web Content Accessibility Guidelines standard is mandatory in relation to thedevelopment of new ICT (Information and Communication Technology) solutions. Thestandard binds public authorities to a high level of accessibility on public websites.

Article 15300. The institutional infrastructure in the field of culture and the general objectives ofDanish cultural policy, including the objective of promoting participation in, and access to,cultural life, are described in detail in Denmark’s third periodic report (paras. 357–379) andsummarised in Denmark’s fourth report (introduction in paras. 469–470): The legislationand structure are based on the principle of freedom of expression aimed at offering andencouraging everyone living in or visiting Denmark to take an active part in cultural life inits broadest sense. The framework legislation in the cultural field continues to be based onthe “arms-length principle” which implies, inter alia, decentralisation and independentboards and committees of experts.301. Following theLocal Government Reform(kommunalreformen) which entered intoforce in 2007, the institutional infrastructure in the field of culture, including with a view topromoting popular participation and access to cultural life, consists of a national and a locallevel only. The Ministry of Culture (and its agencies, as well as the independent committeesand bodies) and the municipalities now share the responsibility of implementing legislationand providing public funding for cultural institutions, activities and projects. The structureis thus simplified facilitating both active local commitment and national cultural policy

objectives, such as providing access to culture and high quality cultural events throughoutthe country.302. Availability of cultural activities and events throughout the country is also reflectedin the “Strategy for culture in the whole country” launched in 2006. It includes among otherthings the possibility of pluriannualcultural agreementsbetween the Ministry of Cultureand the municipalities aimed at allowing for more autonomy to the municipalities whenimplementing local cultural policy, at promoting dialogue and cooperation between thelocal and national level and at providing strategic state funding for local cultural policyobjectives.303. While access to cultural heritage is not a new priority, the Danish Government’snational plan from 2006 was implemented to enhance access to and knowledge of culturalheritage. The plan involves free access to the main national museums (art and history) andfree access for children and youths under 18 to all state subsidised museums. Included arealso a number of other new initiatives to strengthen the presentation of cultural heritage;both to traditional users of museums and to new audiences.304. A range of projects regarding digitisation of cultural heritage are already ongoing atmajor national cultural institutions funded by both public and private sources. A committeeset up in 2006 has now finalized a report on digitisation and digital availability of Danishcultural heritage. This report is to form the basis of a national government strategy expectedto come into effect from 2010.305. Culture for children is a high priority for Denmark and funded through publicsupport schemes, including for children’s theatre, music schools, reading and literature.306. With regard to local activities, a number of publicly funded initiatives have been setup, including availability of consultants for children and culture and culture houses forchildren. Furthermore, the government funded “Network for Children and Culture” assistsin the co-operation between state and municipalities regarding cultural activities tochildren.307. Furthermore, participation in cultural life by children is promoted by campaigns andprogrammes, including:308. “ThePleasure of Singing”(Syngelyst): In 2008 a national plan was carried out witha number of initiatives throughout the country including an initiative on singing that is to becontinued from 2009–2011. The aim is to bridge schools, institutions and leisure timeactivities.309. “Zestfor Reading”(læselystkampagnen): Initiated in 2003 and run by the Ministriesof Culture, Education and Social Welfare. It provides funding for national and localprojects, aimed at encouraging children and young people to appreciate reading andliterature.310. With regard tothe area of sport,the Danish Government in 2005 set up a pilotscheme aimed at giving children with special needs or disadvantaged backgrounds the sameopportunities within sport as other children. The preliminary experiences of the initiativehave shown to be very positive.311. Denmark ratified the UN Convention on the Rights of Persons with Disabilities on24 July 2009, including on the right to participation in cultural life and sport.312. A number of initiatives have been set up by the Ministry of Culture to promoteaccess to persons with disabilities including the following.

313. The Danish National Library for the Blind provides services to persons with visualdisabilities, including the visually impaired and other persons whose disability preventsthem from reading standard printed material.314. The Danish public service broadcasters are as part of their public service remitobliged to provide a number of services for persons with disabilities including subtitling,audio descriptions and sign language as well as any other new technologies.315. Participation in sporting activities is promoted by the publicly funded Danish SportsOrganisation for the Disabled whose objective is to further elite sport as well as sport forall, taking into account the situation of the persons with disabilities.316. Participation by older persons in cultural life and sport are promoted on equal termsof the rest of the population.317. The cultural policy measures apply to everyone living or visiting Denmarkirrespective of ethnic, religious, linguistic or other background.318. In addition to these general measures, and having regard to the UNESCOConvention on the Protection and Promotion of the Diversity of Cultural Expressions,Denmark works both at international and national level in order to follow up on itsratification of the Convention in 2006. National hearings and debates on how to furtherprotect and promote cultural diversity have been organised for all interested parties,including civil society, and a number of concrete projects have been supported. Forinstance, concrete projects were supported by the Ministries of Culture, Education andRefugee, Immigration and Integration Affairs as a national implementation of the EuropeanYear of Intercultural Dialogue (2008).319. The German minority in Denmark continues to benefit from specific provision,including financial support for cultural activities.320. Following a review on Danish arts education in the Folkeskole (primary and lowersecondary education) in 2006, the Ministry of Education and the Ministry of Culture in2009 initiated an action plan with a number of initiatives, among which various pilotprojects aimed at strengthening Danish arts education in the Folkeskole from 2009–2011.This will provide the basis for considerations concerning amendments to the Act on theFolkeskole, if necessary.321. Through the “HouseArtist Programme”(huskunstnerordningen) the Arts Councilprovides support for schools which cooperate with professional artists within the fields ofliterature, performing arts, visual arts and music. The main purpose is to give pupilsbetween the age of 6 and 19 an insight in aesthetic and artistic work and creative processes.322. Moreover, a number of activities directed at schools are promoted, including “LiveMusic in Schools”(Levende Musik i Skolen) presenting concerts for children, theatresupport schemes aimed at production and companies of children’s’ theatre, “E-museum”providing high-level teaching material from museums’ websites.323. Professional education in Denmark in the cultural field is hosted by 16 tertiaryArtistic Education Institutions at university level and other institutions of higher education– under the auspices of the Ministry of Culture (offering first, second and third cycleprogrammes comprising bachelor, diploma, candidatus, master degrees and ph.d.-degree).Education is given within the field of fine arts, architecture, design, arts and crafts, music,theatre (ballet, opera, and plays), film, conservation and library science.324. The universities as institutions have academic freedom, pursuant to Section 2(2) ofthe Danish University Act (Universitetsloven). The academic staff is free to conductresearch, pursuant to Section 16a(7) and 17(2) of the University Act. The head ofdepartment may allocate specific tasks to specific staff. During the periods in which46

members of the academic staff are not performing such tasks, they are free to conductresearch within the strategic framework on research activities laid down by the university.The individual researcher thus has a right to conduct such research and the university mustof course, respect this right.325. An allegation was lodged (22 May 2008) by the trade union of the DanishAssociation of Masters and PhDs (DM) regarding the Danish Government’s compliancewith the recommendations issued by UNESCO in 1997 (Recommendation concerning theStatus of Higher-Education Teaching Personnel). The allegation was examined by the JointILO/UNESCO Committee of Experts on the Application of the Recommendationsconcerning Teaching Personnel (CEART). CEART overall confirms the DanishGovernment’s opinion that there is no conflict between the recommendations issues byUNESCO and the current framework set out for activities of the universities in Denmark.

Article 7336. In Greenland fair wages, equal for the same type of work, are ensured through thecollective agreements in the public and private sector. However, it should be mentionedthat, earlier invited labour (mostly Danes) and Greenlandic labour had different wages andbenefits. These inequalities were gradually abolished up to the beginning of the 1990ies. Bynow only some public servants engaged prior to 1990 are still entitled to these benefits.Most workplaces in the country are in the public sector or in publicly owned enterprises.The public agreements made on these workplaces have a spin-off effect on the rest of thelabour market.337. Safe and healthy working conditions, rest periods, leisure time and a reasonablelimitation of working hours are ensured through the operation of a Greenland branch of theDanish Working Environment Authority. Greenlandic legislation provides for holidays withpay or holiday allowances. Allowances for work on non-Sunday holidays are determined incollective agreements.

Article 12343. When Greenland took over the health services from the Danish Government on 1January 1992, Greenland adopted the objective of the World Health Organizationconcerning “Health for All by the Year 2000”. All citizens of Greenland must therefore begiven the best possible opportunities for achieving a good standard of living by havinggeneral access to the services offered by the health sector.344. In general terms the health services in Greenland are structured in accordance withthe basic principles outlined in the Convention.345. As an element to ensure achievement of the objective of “Health for All by the Year2000” a wide range of health services are offered free of charge. Health education inGreenland is being strengthened on an ongoing basis. The objective is to adapt education toconditions in Greenland, at the same time ensuring a high standard of health services.346. Greenland is aware that prevention is an important element in the improvement ofthe health of the population in general. The health services therefore endeavour to makeindividual citizens aware of their fundamental responsibility for their own health.347. The services provided by the health authorities in Greenland are regularly assessedin order to make it more efficient.

Article 13348. No legislation exists in Greenland which is contrary to the rights established inarticle 13 (1) of the Convention.349. It is stated in the Danish Constitution of 5 June 1953 that all children in the agegroup subject to compulsory education are entitled to free primary and lower secondaryeducation. However, parents or guardians who ensure that their children receive educationcomparable to the general standards of State school education are not obliged to let theirchildren follow primary and lower secondary State education.350. The rules concerning primary education in Greenland are deemed to comply withthe requirements of the Convention concerning primary education.351. The legislation applying in Greenland is in compliance with the requirements of theConvention, in that:(a)Primary education is compulsory and free of charge;

Article 15353. The legislation in force in Greenland does not contain any provisions limiting theright to take part in cultural life. There is freedom of association.354. Several nationwide artistic and cultural organizations, institutions and associationsreceive grants provided for by the Finance Act adopted by the Home Rule Parliament underthe headings of other leisure activities, culture and general education and publicinformation. The Government of Greenland also provides grants for meeting facilities andcommunity centres, as well as to Greenland centres in Denmark.355. The Greenland Treasury finances the Greenland National Museum and Archives.The National Museum provides grants for local museums. Sixteen out of the 18municipalities have museums. All towns and most settlements have community centres orassembly halls.356. There are several arts and crafts workshops run by municipal authorities. In terms ofeducation the Greenland Art School (Eqqumiitsuliorfik) has offered one- or two-yearcourses in drawing, graphic techniques, logo design, painting, sculpting and relevanttheory.357. Study grants may be provided for education and training outside Greenland in theform of a fixed monthly sum, rent allowances and grants for study materials. In addition,the journey to and from the place of education is paid.358. Denmark — including Greenland — has ratified the Berne Convention of 1886 (asamended in 1971).359.Katuaq,the Greenland Cultural Centre is located in the capital Nuuk and containstheatre, cinema, conference and exhibition facilities. Its objective is — in collaboration withinstitutions, organizations, individuals and companies — to stimulate and develop culturallife in Greenland on the basis of free, independent artistic assessment. The institution is tocontribute to the dissemination of Nordic art and culture in Greenland and to thedissemination of Greenlandic art and culture in the Nordic countries. In addition, theinstitution is to ensure cultural cooperation between Greenland and other Inuit areas.360. TheSilamiuttheatre is the only professional theatre company in Greenland. It is anindependent institution receiving grants from the Greenland Home Rule Government viathe Finance Act. The objective of the theatre is to ensure increased knowledge of Inuitculture and the history of Greenland through theatre activities, and to develop Inuit art andits potentials through exhibitions, exchange programmes and similar activities.361. Formal Nordic and international cooperation on culture is ensured through, forexample, Greenland’s membership of the Nordic Council, the Nordic Council of Ministersand the Inuit Circumpolar Conference (ICC), which represents about 115,000 Inuit living inthe Arctic area. ICC achieved consultative status as a non-governmental organization(NGO) with the United Nations Economic and Social Council in 1983.362. In addition, Greenland has entered into a number of cooperation agreementsconcerning culture and education, for example with the territorial government of the NorthWest Territories, the provincial government of Quebec and with the government of

Nunavut, Canada. In 1993, the Greenland Home Rule Government entered into formalcooperation with the Arctic Winter Games International Committee of 1968 concerningGreenlandic participation in the culturally orientated sports events arranged by the ArcticWinter Games every second year.363. As regards cooperation at the institutional level, the formal or statutory objectives ofa number of institutions in Greenland involve cooperation with Danish and foreigninstitutions and/or the dissemination of knowledge of Greenlandic culture in othercountries.364. The Centre for Health Research in Greenland is part of the National Institute ofPublic Health located in Copenhagen and Nuuk. The centers main research topics are:Health surveys; Social epidemiology; Life Style: diet, smoking, alcohol, and physicalactivity; Diabetes and cardiovascular disease; Children and youth; Prevention and healthpromotion; Health services research; Environmental health; The Greenland MortalityRegister.

ICESCR and the Faroe Islands366. Denmark ratified the International Covenant on Economic, Social and CulturalRights on January 6th1972 without a territorial reservation for the Faroes and from that datethe Covenant has been in force on the Faroes.367. The Faroe Islands are a self-governing territory within the Kingdom of Denmark.When an area of jurisdiction is governed by the Faroese authorities, legislative power restswith the Parliament of the Faroes and administrative power in this area rests with theGovernment of the Faroes.368. The Faroese Authorities have assumed responsibility with respect to many of therights enshrined in this Covenant, and these areas therefore are regulated by Faroeselegislation. When Annex II deals with rights enshrined in this Covenant that pertain to anarea of jurisdiction which has not been assumed by the Faroes authorities, reference will bemade to the relevant sections of the main report prepared by the Danish authorities.369. This is the first substantial contribution by the Government of the Faroes to theperiodic reports submitted by the Government of Denmark in pursuance of articles 16 and17 of the International Covenant on Economic, Social and Cultural Rights. With regards tostatistical material we must unfortunately acknowledge that the moderate size of the centraladministration places limits on the resources available for data compilation and productionof statistics. Yet, the Government of the Faroes strives to achieve a continual improvementin the availability and in the sophistication of such information.

371. The Faroes were settled in the beginning of the ninth century by Norwegian Vikings.These Norsemen came both directly from Norway and via the British Isles according to theIcelandic sagas. Archaeological and genetic evidence support this.372. They founded an independent Nordic nation, which had its own political and legalstructure fully based upon Old Norse traditions, in which the Ting (parliament) was thesupreme seat of power.373. Over the centuries, and still today, the People of the Faroes have kept their ownnational, historic, linguistic and cultural identity.374. The Kingdom of Norway and the Kingdom of Denmark entered into a union in 1380through an inter-Nordic regal marriage that was formally enshrined in the Treaty of Bergenof 1450. In 1814, this union was abolished by the Treaty of Kiel, which instead set up anew union between the Kingdom of Norway and the Kingdom of Sweden. Pursuant to theTreaty of Kiel, the treaty-provided-relationship between the Faroes and the Kingdom ofNorway was now replaced by an identical relationship with the Kingdom of Denmark.375. After 1814, the Faroes can be classified as an overseas colony or protectorate underthe King of Denmark. They were not regarded as an integral part of the Kingdom ofDenmark.376. The Danish authorities sought a gradual political and legal integration of the Faroesinto the Kingdom of Denmark during the democratization process of the Kingdom ofDenmark in the second half of the nineteenth century. Notwithstanding this development,the Faroes fully preserved their status as a distinct territory and jurisdiction. At no pointhave the People of the Faroes approved such integration.377. During the Second World War, all links between the Faroes and the Kingdom ofDenmark were abolished and the Faroes, which were defended by British forces, wereresponsible for all their internal and external matters.378. In 1946, a referendum was organized in the Faroes in which the People of the Faroesfor the first time in history were asked to determine their future. The People decided at thisreferendum — which was formally approved of by the Danish authorities — to establishthe Faroes as an independent State.379. As soon as the Parliament of the Faroes had recognized this decision, the Danishauthorities dissolved the Parliament and a general election was ordered. The newly electedparliament accepted a negotiated settlement, which was based upon a home governmentarrangement that entered into force in 1948.380. In 2005, the Government of the Faroes and the Government of the Kingdom ofDenmark agreed on a new negotiated settlement that is composed of two newarrangements, which in concert establish full internal self-government as well as a certaindegree of external self-government. This settlement is not seen or understood to be anexercise or replacement of the right of full self-determination.381. Prime Ministers of the Kingdom of Denmark have on several occasions and alsomost recently declared that the Faroes shall be established as an independent State as soonas the People of the Faroes so decide. These declarations are reiterated in a correspondingdecision by the Parliament of the Kingdom of Denmark in 2001.382. A new Constitution of the Faroes has been prepared and the ConstitutionalCommittee of the Faroes submitted a draft proposal on 18 December 2006. The newConstitution will inter alia contain provisions with regard to a future referendum in respectof secession of the Faroes from the Kingdom of Denmark. This new Constitution will enterinto force if and when endorsed at a referendum by the People of the Faroes.

Article 3387. The Convention on the Elimination of All Forms of Discrimination against Women(CEDAW) was ratified by Denmark and entered into force on 21 May 1983. TheConvention was ratified without extending a territorial reservation for the Faroes.388. Pursuant to a Parliamentary Resolution dated 31 March 1987, the Parliament of theFaroes endorsed the entry into force of the Convention in the Faroes, which wasimplemented when the Faroese Parliament passed Act No. 52 of May 3rd 1994 on GenderEquality. Faroese legislation contains no impediment to gender equality. Legislation doesnot distinguish between women and men, but ensures that all citizens of the Faroes arevested the same economic, social and cultural rights. Reference is made to the seventhperiodic report submitted by the Government of Denmark to the Committee on theElimination of Discrimination against Women (CEDAW/C/DEN/7).389. The Convention on the Elimination of All Forms of Racial Discrimination (CERD)was ratified by Denmark on December 9th1971 without extending a territorial reservationfor the Faroes and has been in force on the Faroes since that date. Discrimination on thegrounds of race is punishable according to section 266 b of the Faroese Criminal Act, cf.relevant sections of the main report. Please also refer to the forthcoming report by theGovernment of Denmark to the Committee on the Elimination of Racial DiscriminationCERD, which is due ultimo 2009.

Article 6392. There are no provisions or administrative practices on the Faroes that limit thefreedom of choice of employment or conditions of employment that infringe uponfundamental political and economic freedoms of the individual, cf. DNK/CCPR/5.Furthermore, to our knowledge, no particular difficulties have been encountered in attainingthe objectives of full, productive and freely chosen employment.393. The Government of the Faroes seeks to facilitate an inclusive labour market, yet asin all other countries, certain persons, groups, regions or areas are particularly vulnerable ordisadvantaged with regard to employment. The Faroese economy is small and dependent onexternal trade and therefore also vulnerable to fluctuations in the global economy. This hasparticularly been the case for our commodity-based export industries which are highlysensitive to changes in market conditions and have affected the stability of employment forpart of the working force. A number of different arrangements have been put in place toaddress these issues and to further the development of an inclusive Faroese labour market,cf. below.Wage-subsidized jobs394. According to Parliamentary Act No. 100 of March 8th1988 on Public Welfarepersons with permanently reduced working ability may be employed by private or publicemployers in wage-subsidized jobs. As of January 1st2009, 131 persons were employed inwage-subsidized jobs.Rehabilitation395. Support for rehabilitation arrangements is provided according to the Public WelfareAct if it is deemed necessary out of consideration for a person’s ability to independentlyprovide for himself and his family. The rehabilitation allowance is a tax-free net benefit,granted on the basis of need but independently of the person’s assets or the spouses´ assetsand income. Such rehabilitation arrangements include work training, education etc. In 2007a total 143 women and 98 men took part in a rehabilitation arrangement.Trends of employment• Unemployed in % of labour force in 2008 was 1.3%• Unemployed in % of labour force in 2003 was 2.5%• Unemployed in % of labour force in 1998 was 6.6%Labour force by occupation (2007)• Agriculture: 11.2%• Industry: 21.9%• Services: 66.9%

nationality or social origin, which have the effect of nullifying or impairing the recognition,enjoyment or exercise of equality of opportunity or treatment in employment or occupation.397. ILO Convention No. 106 of 1957 on Weekly Rest (Commerce and Offices) and ILOConvention No. 52 of 1936 on Holidays with Pay are both in force on the Faroes. Therights covered by the Weekly Rest Convention are ensured in part by Faroese parliamentaryAct no. 37 of June 1st1978 on a 40-hour working week as well as by Faroese parliamentaryAct no. 70 of May 11th2000 on occupational health and safety. The rights covered by theHolidays with Pay Convention are ensured by way of Faroese parliamentary Act no. 30 ofApril 7th1986 on holidays with pay.398. The Government of the Faroes has already submitted reports to the ILO Committeeof Experts on the Application of Conventions and Recommendations which are relevant tothe provisions of article 7 and would like to refer to the respective parts of these reports.399. The principal methods used for fixing wages, is the right of free negotiation betweenthe workers and the employer. In reality, this is carried out as negotiations between labourunions and employer associations.400. A specific set of rules regulate employment conditions in the Faroes fishingindustry, e.g. to ensure minimum wages. Faroese parliamentary legislation regulates theconditions of employment in this industry.401. According to the governments’ information, there exists no inequality inremuneration for work of equal value, nor infringements of the principle of equal pay forequal work, or conditions of work for women which are inferior to those enjoyed by men,cf. CEDAW/DNK/7.402. The Ministry of Industry and Trade is charged with ensuring occupational health andsafety on the Faroes. Parliamentary Act no. 70 of May 11th2000 on occupational healthtogether with related legislation regulates the minimum conditions of occupational healthand safety. The Working Environment Authority is responsible for performing on-the-spotchecks, and has the authority to order changes in working conditions and to file reportswhen rules on occupational health and safety are not adhered to.403. The occupational health and safety act also applies to work performed by membersof the employer’s household, cf. section 2 of the occupational health and safety act.

Article 8404. There exist no distinctions, exclusions, restrictions or preferences, in law or inadministrative practices that hinder the actual realization on the Faroes of the principle ofequal opportunity for promotion. As in most other countries in the world there has,however, existed at de facto difference in opportunities for men and women. This has beendealt with by adopting Faroese parliamentary Act no nr. 52 of May 3rd1994, on the equalrights of men and women, and the Government of the Faroes has been resolute in its effortsto ameliorate all de facto and de jure hindrances to gender equality with regards to workopportunities, cf. CEDAW/DNK/7/APPENDIX B1.405. The International Covenant on Civil and Political Rights is in force on the Faroes.Reference is made to the fifth periodic report submitted by the Government of Denmark tothe Committee on Civil and Political Rights, CCPR/C/DNK/5.406. ILO Convention No. 87 of 1948 on the Freedom of Association and Protection ofthe Right to Organise Convention and ILO Convention No. 98 of 1949 on the Right toOrganise and Collective Bargaining are both in force on the Faroes, and the Government ofthe Faroes has already submitted reports to the ILO Committee of Experts on the

Application of Conventions and Recommendations which are relevant to the provisions ofarticle 7, and wishes to refer to the respective parts of these reports.407. There exists no ban or hindrance to the right to strike in any legal provision. Theworkers right to strike is normally derived from the agreements between labour unions andemployer associations, and follows from the right of free negotiation. However, a certaincivil servants are not allowed to strike.408. Unions and employer associations have agreed upon a permanent Court of LabourMarket Arbitration, which is supported by the government. This court of labour marketarbitration has the authority to determine whether a strike can be deemed illegal and aviolation of a given agreement between the parties.409. The Government of the Faroes has not assumed legislative and administrativepowers with regards to the police and the armed forces. Please refer to the relevant sectionsof the report by the Government of Denmark.

Article 9410. Social security on the Faroes is regulated by Faroese Parliamentary legislation andthere are a number of different branches of social security on the Faroes. Decisions madeby the social authorities may be brought before the Board of Social Complaints. Decisionstaken by the social complaints board cannot be brought before any other administrativeauthority.Old-age pension411. According to Parliamentary Act No. 48 of May 10th1999 on Social Pension thepublic old-age pension is the basic pension, which ensures that all elder persons areprovided for from the time they reach the age of 67. The public old-age pension is payableto everyone meeting certain requirements (cf. below) and in principle, everyone is paid thesame amount of old-age pension. Personal wealth, if any, does not affect the public old-agepension. The pension is, however, income-adjusted (cf. below).412. The public old-age pension scheme is financed and paid for by the Government ofthe Faroes and is not based on insurance principles or dependent on previous attachment tothe labour market. People with no previous attachment to the labour market, such ashousewives, are also entitled to receive old-age pensions.413. A part of the old-age pension in the Faroe Islands, the solidarity employment-pension, is financed and administered independently by the labour market parties but thispart of the pension is based on the principle of full solidarity and, accordingly, everyoneover 67 years is paid the same amount.414. Thus the old-age pension comprises a basic amount, a pension supplement and asolidarity employment pension. As of 1 January 2009 the annual rates were as follows:• Basic amount, singles:• Basic amount, married couples:• Pension supplement, singles:• Pension supplement, married couples:• Solidarity employment-pension:DKK 50,028DKK 39,756 (per person)DKK 36,780DKK 28,476 (per person)DKK 30,000

pension supplement and the solidarity employment-pension are, however, subject totaxation. The pension supplement is reduced by 60 % in cases were the pensioner or his/herspouse, in addition to the pension, has earnings above DKK 58.100 (2009 figures).416. Furthermore, old-age pensioners also are entitled to a number of free services, andalso pensioners can receive special benefits. According to Parliamentary Act No. 35 ofApril 16th1997, pensioners with none or low income can apply for an annual supplement ofDKK 7.128 pr. household. Furthermore, particularly disadvantaged pensioners mayaccording to the Social Pension Act be granted a personal allowance based on an individualassessment of their needs.417. Entitlement to old-age pension is subject to (i) Danish nationality, (ii) residence onthe Faroe Islands, (iii) permanent residence in the Faroe Islands for a minimum period ofthree years between the ages of 15 and 67, and (iv) the condition that the claimant hasattained the age of 67. There are however a number of exceptions to the requirements ofnationality and residence. For example, entitlement to an old-age pension at the full rate issubject to a minimum period of permanent residence of 40 years on the Faroe Islandsbetween the ages of 15 and 67. If a claimant is not entitled to a pension at the full rate, thepension will be determined on the basis of the ratio of the actual period of residencebetween the ages of 15 and 67 and a period of 40 years, but no higher than a 40/40 ratio.418. In 2007 there were a total of 3293 female and 2708 male old-age pensioners on theFaroe Islands.Disability pension419. According to the Social Pension Act a disability pension is payable to personsbetween the ages of 18 and 66 whose lack of capacity to work makes them unable to earnan income that would otherwise make them fully or partly self-supporting.420. Disability pensions are only provided to people whose capacity to work ispermanently reduced by at least 50 percent. This means that no disability pension will begranted if the claimant by rehabilitation can become self-supporting or if the person canwork in a job to which flexible working arrangements apply or in a wage-subsidized jobs(see under article 6).421. The disability pension is financed by the Government of the Faroes. Disabilitypensions are awarded by the social authorities. A disability pension is comprised of a basicamount, various pension supplements and a disability supplement. As of January 1st2009the annual rates were as follows:• Basic amount, singles:• Basic amount, married couples:• Highest pension supplement, singles:• Highest pension supplement, married couples:• Medium pension supplement, singles:• Medium pension supplement, married couples:• Lowest pension supplement, singles:• Lowest pension supplement, married couples:• Extra lowest pension supplement:DKK 67,812DKK 53,892 (per person)DKK 67,404DKK 60,864 (per person)DKK 21,876DKK 19,008 (per person)DKK 20,652DKK 16,596 (per person)DKK 31,944

422. Pensioners that receive the minimum amount of disability pension receive the basicamount, a small supplement and as of January 1st2009 they are also entitled to a full extrasupplement. Pensioners that receive the intermediate and maximum amount of disabilitypension also receive either the basic, the intermediate or the maximum pension supplementas well as a disability supplement.423. The basic amount and the supplements are taxable and are adjusted according to thepersonal income of the claimant. The disability amount is exempt from tax and is notincome-adjusted. Disability pensioners also receive a special annual tax cut of DKK 16,200for singles and DKK 10,500 per person for married couples. Persons older than 67 receivethe same tax cuts if they do not receive old-age pension.424. Furthermore, the disability pension is reduced by 30 %, if the pensioner has earningsbesides the pension above DKK 87,100 (2009 figures).425. The requirements as well as the exceptions concerning nationality and residence aresimilar to those for the old-age pension. Entitlement to an anticipatory pension at the fullrate is subject to a minimum period of permanent residence corresponding to 4/5 of thenumber of years since age 15 to the date on which the pension is first payable.426.In 2007 the figures for disability pensioners were as follows.Lowest rateMedium rateHighest rate

Temporary and permanent social welfare benefits427. Persons that are not entitled to unemployment benefits or other social benefits mayapply for temporary or permanent social benefits according to the Public Welfare Act.Temporary assistance can be granted in case of illness, divorce or lack of job opportunities.The temporary assistance is granted as a tax-free net benefit on the basis of need, but nomore than the amount concordant with Parliamentary Act No. 74 of May 8th2001 on CashSickness Benefits or the Parliamentary Act No. 113 of June 16th1997 on UnemploymentInsurance. Permanent social benefits will be awarded when a person has a permanent needof benefits and when the person is not entitled to disability pension. The amount isconcordant with the basic old-age pensions, plus a supplement for each child concordant tothe child supplement according to the Social Pension Act (2009: DKK 12,192 annually).The permanent social benefit is taxable and claimants receive the same tax-cut as disabilitypensioners. According to the legislation on Social Welfare, persons can also be assisted tomeet certain expenses granted on the basis of an individual assessment of need.428. In 2007 a total of 865 persons older than 18 received the above mentioned socialbenefits (i.e. 2, 5 % of the population).Family related social benefits429. For specific information about family related social benefits please refer toparagraph XXVII.E of section 3 in Denmark’s fourth report to the UN Committee on theRights of the Child, CRC/C/DEN/4. Section 3 contains a separate report from theGovernment of the Faroes on the rights of the child on the Faroes.

Cash Sickness Benefits430. According to the Parliamentary Act No. 74 of May 8th2001 on Cash SicknessBenefit employed and self-employed people may receive compensation if they are absentfrom work due to illness. Claimants partially incapable of working may be entitled to areduced sickness benefit, e.g. when a physician finds that the employed person can workpart-time. Cash Sickness Benefit can be awarded for a total of 40 weeks.431. The sickness benefit is usually calculated on the basis of the hourly income theclaimant would have earned had he/she not been absent from work due to illness. Thecompensation must not exceed a fixed maximum, which as of January 1st2009 amounts toDKK 3,830/week. The employer pays Cash Sickness Benefits for the first two days and theSocial authorities pay for the remaining period up to 40 weeks.432. The number of persons (measured in whole-year persons) that received CashSickness Benefits in 2007 were as follows.TotalShare of workforce in %

Disability benefits433. Disability benefits are granted on the basis of the principle of compensation. Theperson is compensated for the disability and therefore disability benefits are grantedindependently of the persons or the spouse’s income and assets. Disability benefits aregranted free or with limited payment. According to the Public Welfare Act persons withdisability or long-term sickness are entitled to different technical aids, support to coverexpenses to medicine etc. Support can also be granted to different changes in inside finishof the persons´ housing arrangement so as to make it more suitable for the disabled person.Mobile disabled persons can also be given financial assistance to purchase and adaptationof a car.434. In cases where a disabled person is eligible for the medium or highest rate ofdisability pension pay-out, but is not awarded these benefits due to other sources of income,he or she will according to the Act on Social Pensions be entitled to a special disabilitybenefit of DKK 31,644 a year. A total of 35 women (0.21%) and 45 men (0.25%) receivedthis disability benefit in 2007.Special nursing and caretaking benefits435. According to Parliamentary Act No. 64 of June 5th1984 on special caretaking aperson can receive a special caretaking benefit if he or she takes care of an older person thatrequires continuous personal assistance at home to meet personal needs. This payment isconcordant with medium disability pension, however, without the special tax cut.436. A disability pensioner can according to the Social Pension Act receive a specialnursing benefit if the person continuous is in need of assistance to meet personal needs. Theamount is DKK 67,524 annually.437. A person is also entitled to Cash Sickness Benefit in cases where spouse or childrenare seriously ill. According to the Public Welfare Act, providers of disabled children orchildren with long term illnesses are entitled to compensation for the reduction in income ifit is found necessary that the provider takes care of the child at home.438. Collective agreements regulate the rights of parents to stay home from work when achild is sick. This right is however, quite limited.61

Assistance and services to the disabled, sick and elderly439. According to the Public Welfare Act, assistance to sick, disabled and elderly personsis granted as follows.Home care440. In relation to old-age or disability, home care is provided on a permanent basis forcertain domestic chores as well as to meet other personal needs of the claimant. Paymentfor permanent home care is income-adjusted. In cases of sudden illness home care is alsoprovided on a temporary basis. No payment is charged for such temporary home careservices. In 2007 a total of 97 persons under the age of 64 received home care services (0, 3% of population group), and 663 persons older than 65 received home care services (11, 4% of population group).Respite care441. Respite care is provided for old age pensioners and disability pensioners. Users payDKK 125 per day/night for respite care (2009 costs). In 2007 44 old-age pensionersreceived respite care in institutions for older people and 32 old-age pensioners receivedrespite care in shared housing for elderly people.Institutions and shared housing442. Disabled persons that are not capable to stay in their own homes are offered housingin small institutions or shared houses. Persons that live in shared houses receive disabilitypension and pay their own rent as well as other expenses.443. Persons that suffer from severe physical or mental disabilities and live in institutionsdo not receive disability pension. Their personal needs are covered through the institutions’operating costs. They do, however, receive a special, reduced pension to cover personalneeds. This benefit amounted in 2009 for persons under 60 to DKK 13.704 annually.444. As of October 2007 a total of 21 women and 24 men lived in institutions for thedisabled, and 26 women and 43 men lived in shared houses for disabled. In October 2007 afurther 6 women and 21 men lived in shared houses and institutions for the mentally ill.445. Persons of old age that are not capable of staying in their own homes are offeredhousing in institutions or in shared housings for elderly people. Pensioners living in sharedhouses receive old age pension and pay their own rent and other expenses. Pensionersliving in nursing homes or institutions for elderly people do not receive old-age pension.They are, however, paid a special, reduced pension to cover personal needs. In 2009 thisbenefit amounted to DKK 11.424,00 a year. In addition, pensioners in institutions receivethe previously mentioned solidarity employment-pension.446. In October 2007 a total of 230 women and 120 men older than 60 lived ininstitutions for older people, and a further 80 women and 46 men older than 60 lived inshared houses.Personal assistance447. According to the Public Welfare Act, disabled persons living in their own homereceive personal help to assist and support the person in living an independent and activelife. There is no charge for this service. In 2007 about 115 persons received such personalassistance.

Support for families454. A thorough description of the right to family life, alternative care and upbringingcan be found in paragraph XXVI of section 3 in CRC/C/DEN/4. The reader is also referredto paragraph XXVII.B for a description of the rights of the child to child care services andfacilities, and to paragraph XXVII.C concerning children with disabilities.The Faroese legislation concerning parental leave455. The mother of a child has the right to maternity leave from the last four weeksbefore giving birth and the first 14 weeks post partum. The father of the child has the rightto 4 weeks paternity leave in the first 34 weeks after birth. In addition, the mother andfather can decide on how they wish to distribute an additional 38 weeks of joint parentalleave.456. The parental leave grant is calculated on as 100% of the average monthly income(taxable) in the last 12 months prior to childbirth. Currently, the parental leave grant iscapped at DKK 25,000 per month (~€ 3350). Employed recipients are also awarded holidayallowances for the period spent on leave.457. The Faroese Parliament has made recently amendments to the legislation concerningparental leave compensation, which increased the period for receiving the exclusivepaternity pay from 2 to 4, the maternity pay period remains unchanged at 14 weeks, but thejoint parental pay period — which parents can freely distribute amongst themselves — wasextended from 10 to 16 weeks.Age of majority458. On Faroes the age of majority is 18 years and persons under the age of 18 areminors, without the right to vote or full legal capacity to decide personal and propertymatters. Please refer to paragraph XXIII.A of section 3 in CRC/C/DEN/4 for furtherinformation on the issue of age of majority.Protection of the child and young persons459. On 11 May 2000, Faroese parliamentary Act no. 70 on occupational health andsafety was adopted.460. This Act also governs work in relation to children and persons younger than 18years of age. Section 48 of the Act provides the following:“Childrenaged under 14 shall not perform occupational work except for lightassisting work two hours per day. However, for children belonging to theemployer’s household, these rules only apply with respect to technical plant,machinery, paraphernalia and materials or substances which may be dangerous tothe children.(2). The Faroese minister may, however, determine a higher age limit than 14 yearsfor certain types of work, or if conditions cause the work to be dangerous to thesafety, health and development of young people.(3). The Faroese minister may lay down rules to the effect that children aged under14 can perform light occupational work.”461. It should be noted that the Act applies to work performed for an employer. Whaling,sealing and fishing are, however, exempt, but section 48(2) also applies to work notperformed for an employer as well as to the whaling, sealing and fishing industry. The Actonly applies to aviation when work is performed on the ground. The provisions only applyto the shipping and fishing industries with respect to the loading and discharge of vessels,64

including fishing vessels and shipyard work on board vessels and work that must be treatedas such.462. Executive Order no. 102 of 19 July 1990 on an age limit for tending certainmachines at filet processing plants provides that particularly hazardous machines shall notbe operated by persons under the age of 17. Other machines shall be assessed by theinspectors of the Working Environment Authority and shall be marked with an age limit,preferably in cooperation with the safety inspector at the respective company.463. To the governments’ knowledge, there are no groups of children and young personswhich do not enjoy these measures of protection and assistance at all, or which do so to asignificantly lesser degree than the majority, cf. CRC/DNK/5. Please refer to paragraphXXIX of section in CRC/C/DEN/4 for a description of the special measures for protectionof the child.464. It is the obligation of the employer to ensure, that his workplace abides by theprovisions of the parliamentary Act on occupational health and safety. The WorkingEnvironment Authority oversees that this is done correctly. To the governments’knowledge, there are no difficulties in ensuring these rights.465. Regrettably, the Office of National Statistics does not collect such information andno official poverty line exits in the Faroe Islands.

Article 11The right to adequate housing466. There is no Faroese legislation laying down the right to housing. Yet, most peoplelive in their own houses, while only a small proportion rents apartments in the privatehousing market. Housing standards in the Faroe Islands are generally high and most homesare spacious with own toilet, bathroom, central heating etc.467. Municipal authorities allocate building sites for residential homes to citizensaccording to internal rules and regulations. In some municipalities, however, there arewaiting lists for such sites, particularly in the area around the capital, Tórshavn.468. Families are not granted housing benefits, yet, pursuant to the Parliamentary Act No.148 of December 30th1996 on Rent Support, home-owners are given a tax-refund on aproportion of their mortgage interest payments.Homeless people469. According to the Act on Public Welfare the social authorities and voluntarilyorganizations work together to establish special housings for homeless people. In 2008 atotal of DKK 2,150,000 of public finances were used for this aim.470. In May 2005 it was estimated that 4 women and 16 men in the Faroe Islands werehomeless, of which 12 were in need of long-term housing. The Ministry of Social Affairsknows of no street children on the Faroes.Housings for elderly471. The majority of elderly people reside in the general housing stock, primarily in ownhomes, where they can receive homecare and other services, which enables the elderlypersons to live in their own homes for as long as they are willing and able.

Law on flexible housing arrangements472. The Ministry of Social Affairs is currently preparing a bill on flats in co-operativesocieties so as to meet the general demand for more flexible housing arrangements at lowerprizes than home ownership. The bill also deals specifically with special flats as a means toensure reasonable prized housings for persons with special needs.Law on rentable housings473. Legislation from 1940 regulates matters concerning the rental housing market;however this legislation only applies to the area around the capital, Tórshavn. In order toupdate legislation and regulate the rental housing markets in the remaining parts of thecountry a new bill on rental housings is currently being prepared. A main purpose with theact is also to secure better standards for rental housings.

476. As of May 1st2009 foreign citizens no longer receive medical treatment for freefrom the Faroes System of Health Care. Citizens of countries that have signed agreementson mutual health service provision with the Government of the Faroes will receiveemergency assistance free of charge. Emergency assistance is also provided, irrespective ofnationality, however, in such cases the respective individual, insurance company or countryof origin must pay for the services rendered.477. A Public Health Council was established according to Faroese Parliamentarylegislation from 2000, as last amended in 2007, the purpose of which is to advise theMinister of Health and strengthen measures that promote health and prevent illness andaccidents in the social and health services. This also includes tasks such as conductingstudies and supporting research in the area.478. In 2006, the Minister of Health presented a public health plan with specific healthpromoting and preventive actions in the area of exercise, aimed to deal with smoking, foodand alcohol and drug abuse. The objective is to improve the Faroese population’s standardof health, and efforts are directed especially towards children and young people. The PublicHealth Council is responsible for administering the plan.

479. The Faroes participate in the ESPAD surveys, which are surveys of 9th form pupils’smoking, alcohol and drugs habits. They show, compared to the other countries in thesurveys, that young people in the Faroe Islands drink alcohol to a slightly lower extent buthave been drunk to a slightly higher extent. The number of young persons that have beensmoking/smoke is substantially higher, whereas the number of young persons on the Faroesthat use illegal drugs is lower. However, the number of young persons that mix alcohol andpills is slightly higher.General preventive actionsSale of alcohol and tobacco480. Pursuant to the Act on the Import and Sale of Alcohol and the Act on Action toReduce the Use of Tobacco, the sale of alcohol and tobacco to persons under the age of 18is prohibited.Preventive action – smoking481. In 2005, the Faroese Parliament adopted the Act on Action to Reduce the Use ofTobacco for the purpose of reducing smoking and ensuring the right for everyone to live inan environment without any smoking. One of the primary objectives of the Act is to preventchildren and young people from smoking and ensure that smoking is not part of children’severyday life. This has been achieved by banning smoking indoors in public places such asschools, day care centres, sports centres, etc. In addition, it is prohibited to sell tobacco toyoung people under the age of 18. The Act also includes a ban on tobacco advertising,except for information campaigns and warnings against smoking, however.482. A new smoking act has been adopted by the Faroese Parliament, by which smokingis banned indoors in places to which the public has access, including restaurants. It alsobans smoking in rooms in private homes while public child care services take place there.Moreover, it prohibits any display of cigarettes, etc. in shops.483. Both the Act on Action to Reduce the Use of Tobacco and the Smoking Act havebeen drawn up based on the WHO Framework Convention on Tobacco Control from 2003on initiatives to reduce the use of tobacco.Preventive action – drugs484. Faroese authorities take part in the Nordic cooperation on drugs in the NordicCouncil of Ministers and the Nordic Drugs Forum. In 2007, the Faroe Islands set up aforum with representatives from relevant authorities and institutions. The objective isexchange of information and experience in the area of controlled drugs on the Faroes.485. The prohibition of controlled drugs is regulated by the Royal Decree for the Faroeson Controlled Drugs and the Act on Pharmacy Operation.Preventive action – SSP cooperation486. An initiative has been launched to establish organised SSP cooperation by 1 August2008. The SSP cooperation is between schools, social services and the police. The plan is toappoint an SSP consultant to assist and coordinate the various elements of the system and inrelation to children, young persons, and parents.

Preventive action – youth counselling487. The association Barnabati whose objective is to protect the welfare of children andyoung persons receives public grants. For 2008, the grants have been raised by DKK100,000 earmarked for a child and youth counselling project.Preventive action – pregnancy488. Pursuant to the Act on Pregnancy Hygiene and Obstetric Aid, which came into forcein the Faroes by Royal Decree No. 643 of 9 December 1982, guidance on the use ofcontraceptives may be offered and given to persons who are under the age of 18 andunmarried or legally incapable for personal reasons without the consent of a custodialparent or guardian.489. The number of induced abortions for the Faroe Islands is relatively low. The numberof induced abortions in 2005 was 40.7 per 1,000 live births. The total abortion rate was139.4. The abortion rate per 1,000 women aged 15–19 years was 3.3 and the rate forwomen aged 20–24 years was 1.6.490. A survey of live births per 1,000 women divided into age groups shows that morewomen under the age of 19 became mothers than in other Nordic countries.6Live births 2001–05 (per 1,000):• 15–19 years old:• 20–24 years old:• Total fertility:13.5109.82,566

491. In addition, a new guidance service was set up in 2007 aimed to provide advice andguidance to women, including young mothers, on questions such as pregnancy.492. The Act on Measures in Connection With Pregnancy, etc. (1956), as last amendedby Royal Decree No. 151 from 1988, provides rules on when a woman may have herpregnancy terminated.493. By Royal Decree No. 643 of 9 December 1982 on the coming into force for theFaroe Islands of the Act on Pregnancy Hygiene and Obstetric Aid, as last amended byRoyal Decree No. 543 of 30 June 1993, it is provided that in connection with pregnancywomen are entitled to five preventive medical examinations by a doctor, three of themduring the pregnancy. In addition, women are entitled to preventive health examinations bya midwife and to obstetric aid. Under the Child Welfare Act, healthcare professionals havea duty to report when they assess that a pregnant woman is in need of support due to seriousalcohol or drug abuse, mental illness or psychological difficulties.494. In the period 2001–2005, a newborn boy in the Faroe Islands could expect to attainthe age of 76.9 years, and in the same period a newborn girl could expect to attain the ageof 81.4 years.Infant mortality495. According to statistical information from Nomesco 2005 the infant mortality in theperiod 2001–05 was as follows: (table 2.2.3):• Per 1,000 births: 2.3 stillbirths, 4.0 perinatal deaths, 0.9 within the first 24 hours6

• Per 1,000 live births: 1–6 days: 0.9, 7–27 days: 0.6, total under 1 year: 3.2Preventive action – suicide and accidents496. The suicide rate of the Faroe Islands is relatively low. A survey of deaths due tosuicide (per 100,000 inhabitants broken down by sex and age) shows that the total rateamong men is 11.5. The rates for men in the age groups 10–19 years and 20–24 years are5.3 and 12.3, respectively. For women the total rate is 0.9 per 100,000 inhabitants (table4.1.6 Nomesco 2005).497. As for accidents, relatively many young men under the age of 24 are killed inaccidents. A survey of accidental deaths per 10,000 inhabitants broken down by sex andage in the period 2001–05 shows the following:• Total men: 36.8; men 0–14: 7.0; men 15–24: 70.4• Total women: 19.4; women 0–14: 3.7; women 15–24: 6.9

Article 13The child’s right to educationCompulsory and free primary education is in place on the Faroes; cf. also CRC/C/DNK/5Fólkaskúlin (the Faroese Public Primary and Secondary School System)498. Pursuant to the Faroese Parliamentary Act on Public Primary and Secondary School,i.e. Act No. 125 of 20 June 1997, as last amended by Act No. 64 of 7 June 2007, all pupilsof education age must receive education, but there is no compulsory schooling.Consequently, all children in the Faroe Islands are entitled and obliged to participate in theFólkaskúli’s instruction or any other instruction which can match that of the FaroeseFólkaskúli. Compulsory education commences at the beginning of the school year in thecalendar year in which the child reaches the age of seven years. It comes to an end when thechild has received regular instruction for nine years. Moreover, there is an optional 10thform. Under current legislation, children may be exempted from ordinary instruction afterseven years of education. However, this will require implementation of other educationalmeasures which may be approved as an alternative or supplement to the 8th and 9th schoolyears. The Faroese Fólkaskúli offers children free education for a period of ten years.499. In the academic year 2007/08 a total of 7,200 pupils attended the Fólkaskúli, ofwhich 40 % lived in the metropolitan area. There are 680 teaching positions in the Faroeseprimary and secondary school and the language of instruction is Faroese.500. The Faroese Teacher College (Føroya Læraraskúli) is responsible for the educationof primary and secondary school teachers. In the academic year 2007/08 approximately 200students attended the college. Approximately 24 primary and secondary school teachersgraduate from the college per year.501. With the amendment of the Primary and Secondary School Act of 7 June 2007several reforms were introduced. These reforms involved e.g. the strengthening ofelementary instruction by the increase of the number of lessons in the 1st, 2nd, and 3rdyear,the introduction of compulsory national tests in Faroese, mathematics and naturalsciences/technology in the 4thand 6thyear, diagnostic tests in selected subjects in the 3rd,5th, and 7thyear as well as new curricula with competence assessments in the 2nd, 4th, 6th, 9thand 10thyear. Both the introduction of tests and of curricula with competence assessmentare part of an overall plan to strengthen the evaluation of the schools’ instruction with aview to upgrading the quality of the education provided.69

502. A compulsory requirement on schools is to ensure ongoing evaluation of theinstruction as an integrated part of the instruction. The evaluation must be used as aninstrument to plan future teaching and as a basis for guidance of pupils and information topupils and parents on the pupils’ outcome of the instruction. It is a requirement that theinstruction is based on the individual pupil, and that it is planned and differentiated toensure that it corresponds to the needs and abilities of each pupil. In each subject theteacher and pupil work together on an ongoing basis to determine the goals to be fulfilled,after which the pupil’s work is planned to take account of these goals. Working methodsand topic selection must also be planned in cooperation between teachers and pupils.503. In addition, the reform comprises amendments which facilitate the special educationmeasures for pupils with adjustment and attachment difficulties, upgrading of theexamination regulations and possibilities of launching educational research in the schoolarea.504. Municipal authorities are responsible for providing school premises and initiaterenovation projects and new buildings. The local authorities are different with regard topopulation and tax receipts, and consequently school buildings and their facilities vary agreat deal. In recent years the local authorities have initiated major renovation work onschool buildings and several new buildings have been constructed.Upper secondary education505. A Faroese upper secondary degree awards access to higher education on the FaroeIslands and in Denmark as well as to higher education in most other countries. According toan agreement between the National Education Authority of Denmark and The FaroeseMinistry of Education, Faroese upper secondary education is approved as equivalent to acorresponding education in Denmark.506. In the Faroe Islands the following upper secondary education is available: generalupper secondary school leaving examination, higher preparatory examination, commercialupper secondary school leaving examination, technical upper secondary school leavingexamination and higher fishing examination. Upper secondary education is available onSuðuroy, in Tórshavn, Vestmanna, Fuglafjørð and Klaksvík. Approximately 60 % of ayouth cohort receives upper secondary education. Our statistical material is not very preciseand, unfortunately, we do not have a definite overview of the rate by which young peoplego on to receive a higher education after the completion of upper secondary education. Weestimate that this rate is about 35 % and our goal is that by the year 2015 approximately 50% of a youth cohort will take higher education.Vocational education and training507. Vocational training may be taken in two ways. One way is based on the signing of acontract between an employer and an apprentice. In such cases, the apprenticeship trainingprogramme takes approximately four years and is structured according to the sandwichprinciple where the apprentice switches between training on the work place and schoolcourses.508. Another way to take vocational training is to complete a basic year at a vocationalcollege, after which a contract is signed between the employer and the apprentice. Part ofthe basic year is accredited to the overall apprenticeship training programme, however,depending on the subjects.509. Accordingly, it is possible to complete a full apprenticeship training programme onthe Faroes as a motor mechanic, electrician, hairdresser, machine fitter, plumber, joiner andcarpenter.

510. With regards to other apprenticeship training programmes, the apprentices must forshort periods of time attend courses offered at vocational colleges in Denmark, as thenumber of apprentices per programme is too small to sustain an offering of many suchcourses on the Faroes.Completion of education programmes511. Due to lack of statistical material, it is not possible to provide an overview of thedropout rates from post-secondary education, but some surveys suggest that the drop-outrate from general upper secondary education is about 20–25 %. However, the same surveysalso suggest that some of the young people that did not complete their initial educationprogrammes have taken another general or vocational post-secondary education at a laterstage.512. In order to reduce drop-out rates and give young people in secondary school a betteropportunity to choose a general or vocational post-secondary education programme basedon better insight and knowledge, the Faroese Ministry of Education and Culture iscontemplating a reform of the entire guidance counselling system, in order to obtaincoherent, continuous guidance of all pupils all way from secondary school on to highereducation. Career guidance counselling and instructions on the requirements of the labourmarket will also be part of the reform.The objective of the Faroese System of Education513. Faroese Parliamentary legislation concerning the Public Primary and SecondarySchool (Fólkaskúli) establishes that it is the responsibility of the schools, in closecooperation with parents, to ensure that pupils acquire knowledge, skills, working methodsand ways of expressing themselves, which will contribute to the particular pupil’s over-alldevelopment.514. The Faroese Public School (Fólkaskúlin) must also provide a framework that givespupils the opportunity of experiences, active minds and absorption as well as possibilities todevelop their own awareness, imagination, and desire to learn. In addition, they should beable to train their ability to form independent opinions, decisions and initiatives and theyshould feel confident of themselves and the opportunities of the community.515. Moreover, the public school must cooperate with parents in giving the pupils aChristian and moral education and upbringing. While showing due respect for the culturaland moral values of the individual child’s upbringing, it is also the responsibility of theFaroese public school to develop pupils’ knowledge of Faroese culture, help them tounderstand other cultures, as well as human’s interaction with nature.516. The Faroese public school must, in addition, provide a framework for the everydaylife and work at the school which builds self-esteem in the individual pupil, fostersconfidence and the ability to cooperate, and installs them with a sense of responsibility andrespect for other human beings.517. The school must in this way prepare pupils for the empathy, co-determination, jointresponsibility, and the rights and duties of citizen in a democratic society. It is the intentionthat the school’s instruction and everyday life is based on intellectual freedom, equal rightsand democracy.518. The planning of the instruction, including selection of teaching and workingmethods, educational material and selection of topics, must live up to the objectives of theFólkaskúlin each individual pupil’s needs and qualifications must take into consideration inthe practical structuring of teachings.

519. Consequently, the school’s management must ensure that all teachers plan andprepare their instruction so that it includes challenges for all pupils.Special needs education and schooling for children with disabilities520. Special needs education and other special needs assistance must, pursuant to section4(3) and (4) of the Act on the Faroese Primary and Secondary School (Fólkaskúlalógin), bemade available to children with special needs, if these are not covered by the ordinaryspecial needs education, as well as to children with learning difficulties that do not receivea satisfactory service from their ordinary education.521. Children are referred to special needs education and other special needs assistance incooperation between the school, the parents and the local PPR office (the educational-psychological advisory service).522. The Finance and Appropriation Act for 2007 included an allocation of DKK 50.2million for special care education and other special needs assistance and special needsguidance in primary and secondary school.523. The special needs area will in future consist of a main PPR office in Torshavn andfive local PPR offices, which are supervised by the main office in Tórshavn. The local PPRoffices, set up in cooperation with the local authorities, will offer special needs guidanceand assistance to local authorities, schools, day care centres, parents, pupils, etc.524. Another part of the restructuring of the special needs area is the establishment of‘centre schools’ at selected schools, where units for special needs pupils in the schooldistrict will be created, i.e. children with autism, AD/HD, Down’s syndrome, etc.

Article 15Leisure and cultural activities526. Under Act No. 70 of 30 June 1983 on Leisure Education, as amended most recentlyby Act No. 124 of 10 December 2003, the Ministry of Education and Culture appropriatesfunding to local authorities for their establishment of leisure education for children andyoung people. The services consist of three categories:1.General leisure education, which is available to all who have attained the ageof 14.2.Special leisure education, which includes special needs education for adultsin writing, reading, arithmetic and Faroese for foreigners, instruction aimed at theschool leaving examination, higher preparatory examination single subject courseand work-related training such as maritime education in navigation, navigation rules,examination for motormen and radiotelephony.3.Recreational activity, which is for children and young persons younger than25 years, offering a varied selection of courses and subjects. The relevant statutoryorder attaches great importance to making the activities available to all who areinterested, in order that no one is denied access due to a certain ideology, job,association or other. Course subjects may be song and music, dance and drama,chess, art, needlecraft, ICT, film, photo and sports.

527. The annual funding is provided in proportion to the population of the localauthorities and in accordance with the teaching load within the three main areas.Consequently, the Ministry pays 50 % of the support for general leisure education andrecreational activity and 100 % for special leisure education.528. The number of participants in leisure education in the academic year 2006/07 was6,472 students.529. Approx. 1,500 took recreational activities. The total budget was approx. DKK 9million, of which the Ministry of Education appropriated DKK 5.5 million.Patents and intellectual property rights530. According to Royal Decree No. 1003 of December 11th2001, the Danishparliamentary Act on patents and intellectual property rights also applies for the FaroeIslands.531. This Act realize the right of everyone to benefit from the protection of the moral andmaterial interests resulting from any scientific, literary or artistic work of which he or she isthe author.532. To the governments’ knowledge, there are no difficulties and shortcomings insecuring these rights.